The new law on child marriage

Prime Minister Sheikh Hasina defended the law, saying that the critics "know nothing about Bangladesh’s social system"

The Parliament recently passed a law allowing child marriage in ‘special circumstances’. Earlier, the women's rights organisations and international rights groups like Human Rights Watch urged the lawmakers not to pass it. According to the law, the minimum age for the marriage of females is 18 and for males it is 21, other than the 'exceptions in special circumstances'. But, the 'special circumstances' and the minimum age applicable under the 'special provision' have not been specified in the law.
The Child Marriage Restraint Bill 2017 was passed in voice vote to Child Marriage Restraint Act 2017 when State Minister for Women and Children Affairs Meher Afroz Chumki placed it before the MPs. "In case of unwanted incidents, permission of parents or legitimate guardian, and court will be needed. No one will be able to marry (in 'special circumstance') without court permission," she said. Prime Minister Sheikh Hasina earlier defended the law, saying that the critics "know nothing about Bangladesh’s social system".
The law was made considering the ‘realities’ of society. The minimum age for marriage for girls has been fixed at 18. But what if any of them becomes pregnant at 12-13 or 14-15 and abortion can’t be done? What will happen to the baby? Will society accept it? The girl could go for marriage with her parents’ consent in such circumstances for giving the baby ‘legal status’ in society. Accidental or unlawful pregnancy suggests the law could lead to a situation where girls who have been raped are forced to marry their rapists.
 It is quite worrying to note that marriages of underage girls are going on unabated in different places of the country. This vital social issue has triggered a lot of debates in recent times. Ministers, MPs, bureaucrats, academicians and social thinkers articulated their views on this issue. But nothing could stop this scourge that has come as a formidable challenge for an overpopulated and resource constraint country like Bangladesh.
According to UNICEF statistics, Bangladesh has the highest percentage of child marriage among Asian countries. About 66 percent of Bangladeshi women are married before the age of 18. Child marriage is no doubt a violation of human rights and the law imposes a sentence of maximum one month in jail or up to Tk 50,000 fines or both for its violations. Bangladesh has the fourth-highest rate in the world of child marriage before age 18, after Niger, the Central African Republic, and Chad. Sixty-five per cent of girls in Bangladesh marry before age 18.                  
The government wants to control the population boom in the country. Well, but at the same time if girls are married off at age 16, will it not contribute to reckless population growth in the country? It is known to all that females in their teens are most fertile to produce children. Thus, are not the policies conflicting? A girl may attain puberty even at age 12 or 13. This gives her physical ability to procreate. But procreation is not all. Physical, mental and intellectual maturity is needed. If a physically and mentally immature girl is given in marriage, she will not understand about a planned family, about rearing her children properly for making them worthy citizens of the country.
All her thoughts may centre around biological urge alone up to a certain stage of life. This kind of marriage will invite a lot of problems instead of happiness.
Nearly half of the total population of Bangladesh is women. Early marriage stops education of girls. It exposes girls to repeated child-bearing, malnutrition and broken health. It nips in the bud a girl’s dream of becoming self-reliant through proper education in the male-dominated society. It is clear as the daylight that there is no alternative to creation of mass awareness to prevent the menace of child marriage that has penetrated deep into the society and is doing a lot of mischief. Law for reducing the rate of child marriage will do little if the overall mindset of the people of the country is not changed. How many people are showing respect to the law of the land and are refraining from giving their underage daughters in marriage? Marriages of underage girls are taking place rampantly in different places of the country, particularly in rural areas. How many cases are detected and actions taken against those responsible?  
Taking advantage of the provision, thousands of girls will be given in marriage. It will contribute to unbridled population growth in the country. Illiteracy, social discrimination, lack of moral education, age-old superstition and insecurity of girls are mainly responsible for early marriage. Besides, women have to confront many ills like dowry, divorce, rigours of repeated child-bearing, malnutrition and broken health.
 As about 90 per cent of the total population lives in rural areas, underage marriages are being solemnized there rampantly. There are people at villages who are steeped in ignorance. They hardly care about the negative aspects of early marriage. There are girls of impoverished families who become victims of lust unleashed by hoodlums belonging to affluent families and having political clouts to do and undo things. There are girls living in slums who become victims of sexual assaults.
 In such cases parents and guardians find no other alternative but to marry off their girls before the prescribed age for marriage. What is of prime importance is to keep a vigil so that the law is not misused. A massive campaign should be launched to eradicate the darkness that dominates their hearts. Teachers, students, UP chairmen and members, village leaders, religious leaders like imams of mosques can be engaged to fight this menace.

The writer is Assistant Editor of The Independent

 

The new law on child marriage

Prime Minister Sheikh Hasina defended the law, saying that the critics know nothing about Bangladeshs social system

The Parliament recently passed a law allowing child marriage in special circumstances. Earlier, the womens rights organisations and international rights groups like Human Rights Watch urged the lawmakers not to pass it. According to the law, the minimum age for the marriage of females is 18 and for males it is 21, other than the exceptions in special circumstances. But, the special circumstances and the minimum age applicable under the special provision have not been specified in the law. The Child Marriage Restraint Bill 2017 was passed in voice vote to Child Marriage Restraint Act 2017 when State Minister for Women and Children Affairs Meher Afroz Chumki placed it before the MPs. In case of unwanted incidents, permission of parents or legitimate guardian, and court will be needed. No one will be able to marry (in special circumstance) without court permission, she said. Prime Minister Sheikh Hasina earlier defended the law, saying that the critics know nothing about Bangladeshs social system. The law was made considering the realities of society. The minimum age for marriage for girls has been fixed at 18. But what if any of them becomes pregnant at 12-13 or 14-15 and abortion cant be done? What will happen to the baby? Will society accept it? The girl could go for marriage with her parents consent in such circumstances for giving the baby legal status in society. Accidental or unlawful pregnancy suggests the law could lead to a situation where girls who have been raped are forced to marry their rapists. It is quite worrying to note that marriages of underage girls are going on unabated in different places of the country. This vital social issue has triggered a lot of debates in recent times. Ministers, MPs, bureaucrats, academicians and social thinkers articulated their views on this issue. But nothing could stop this scourge that has come as a formidable challenge for an overpopulated and resource constraint country like Bangladesh. According to UNICEF statistics, Bangladesh has the highest percentage of child marriage among Asian countries. About 66 percent of Bangladeshi women are married before the age of 18. Child marriage is no doubt a violation of human rights and the law imposes a sentence of maximum one month in jail or up to Tk 50,000 fines or both for its violations. Bangladesh has the fourth-highest rate in the world of child marriage before age 18, after Niger, the Central African Republic, and Chad. Sixty-five per cent of girls in Bangladesh marry before age 18. The government wants to control the population boom in the country. Well, but at the same time if girls are married off at age 16, will it not contribute to reckless population growth in the country? It is known to all that females in their teens are most fertile to produce children. Thus, are not the policies conflicting? A girl may attain puberty even at age 12 or 13. This gives her physical ability to procreate. But procreation is not all. Physical, mental and intellectual maturity is needed. If a physically and mentally immature girl is given in marriage, she will not understand about a planned family, about rearing her children properly for making them worthy citizens of the country. All her thoughts may centre around biological urge alone up to a certain stage of life. This kind of marriage will invite a lot of problems instead of happiness. Nearly half of the total population of Bangladesh is women. Early marriage stops education of girls. It exposes girls to repeated child-bearing, malnutrition and broken health. It nips in the bud a girls dream of becoming self-reliant through proper education in the male-dominated society. It is clear as the daylight that there is no alternative to creation of mass awareness to prevent the menace of child marriage that has penetrated deep into the society and is doing a lot of mischief. Law for reducing the rate of child marriage will do little if the overall mindset of the people of the country is not changed. How many people are showing respect to the law of the land and are refraining from giving their underage daughters in marriage? Marriages of underage girls are taking place rampantly in different places of the country, particularly in rural areas. How many cases are detected and actions taken against those responsible? Taking advantage of the provision, thousands of girls will be given in marriage. It will contribute to unbridled population growth in the country. Illiteracy, social discrimination, lack of moral education, age-old superstition and insecurity of girls are mainly responsible for early marriage. Besides, women have to confront many ills like dowry, divorce, rigours of repeated child-bearing, malnutrition and broken health. As about 90 per cent of the total population lives in rural areas, underage marriages are being solemnized there rampantly. There are people at villages who are steeped in ignorance. They hardly care about the negative aspects of early marriage. There are girls of impoverished families who become victims of lust unleashed by hoodlums belonging to affluent families and having political clouts to do and undo things. There are girls living in slums who become victims of sexual assaults. In such cases parents and guardians find no other alternative but to marry off their girls before the prescribed age for marriage. What is of prime importance is to keep a vigil so that the law is not misused. A massive campaign should be launched to eradicate the darkness that dominates their hearts. Teachers, students, UP chairmen and members, village leaders, religious leaders like imams of mosques can be engaged to fight this menace. The writer is Assistant Editor of The Independent