The United Nations voiced its criticism yesterday over a controversial new law in Bangladesh that allows underage children to be married off by their parents, reports AFP. The new rule keeps the minimum marriageable age for males at 21 and for females at 18 but relaxes the restriction for "special circumstances" – including for girls who elope, are raped or bear children out of wedlock. Rights groups fear without an age limit in these cases, underage children could be married off, undermining Bangladesh's efforts to curb such unions and improve women's health.
The UN's child protection agency in Bangladesh said it "remains concerned" about the special provision, and its potential impact on children's wellbeing.
"Marrying as a child has a lifelong impact on a person's wellbeing. It limits opportunities and the chance to be a child," UNICEF's representative in Bangladesh Edouard Beigbeder said in an email.
The Child Marriage Restraint Act, passed by parliament this week, replaced a law dating back to the British colonial period.
This dated legislation was largely ignored in poorer districts, where girls
are married off in their early teenage years. Beigbeder described the broader legislation, with its objective of preventing child marriage and providing sanction and remedies when cases did occur, as “a positive step forward”.
Child marriages have dropped from two-thirds of the total to around half between 2006 and 2013, UNICEF figures show.
Rights organisations warned this latest legal provision could unwind those gains, forcing new brides to drop out of school and work in conditions activists compare to child labour.
Meanwhile, the new Bangladeshi law that lets under-age girls marry their rapists for “the greater good of the adolescent” may put more children at risk of sexual abuse, child rights groups said, reports Reuters- Thompson Foundation yesterday. Bangladesh has one of the highest rates of child marriage in the world, despite laws banning marriage for girls under 18 and men under 21.
Legitimising marriage for young rape victims in the name of ‘honour’ does nothing to protect their body or rights, the advocates said.
“We are concerned that this new act could lead to widespread abuse, legitimise statutory rape, allow parents to force their girls to marry their rapists, and further encourage the practice of child marriage in a country with one of the highest child marriage rates in the world,” said a statement from Girls Not Brides Bangladesh, a global alliance of more 650 charities.
The charities issued the statement two days after legislators amended Bangladesh’s marriage laws to let under-18s wed in “special cases” for “the greater good of the adolescent” and with parental and court consent. The child rights groups said the provision does not define “special cases” or “greater good” — leaving the law open to interpretation, or to legitimise statutory rape, reports Thomson Reuters Foundation.
The consent provision would also not prevent children being forced into marriage, said the alliance statement.
“The need to protect the ‘honour’ of girls who have become pregnant was widely cited by the Bangladesh government as the reason for this provision. However marriage is not the best way to protect adolescent girls and exposes them to greater harm.”
A senior Bangladeshi government official denied the provision would lead to more abuse, saying lawmakers had taken into account the social context of life in a majority Muslim nation, and that protection mechanisms were in place.
“Considering the reality of our society, the special provision has been incorporated,” said an official from the Women and Child Affairs Ministry, who did not wish to be named.
“No one will be able to marry without court permission.”
Along with Niger, Guinea, South Sudan, Chad and Burkina Faso, Bangladesh is among the 10 countries with the highest incidence of child marriage, despite moves to strengthen law enforcement and toughen penalties against the crime. According to data from Girls Not Brides, 52 percent of girls in Bangladesh are married before the age of 18 - the highest in South Asia — compared to 47 percent in India, 37 percent in Nepal and 33 percent in Afghanistan.
Campaigners say girls face a greater risk of rape, domestic violence and forced pregnancy as a result of being child brides. The girls are often denied the chance to go to school, are isolated from society and forced into a lifetime of economic dependence as a wife and mother. Yet the practice continues largely due to a combination of social acceptance and government inaction, activists say. Girls Not Brides said the changes to the law would effectively mean that Bangladesh has a “zero minimum age of marriage”. “We are concerned that this new act could lead to widespread abuse, legitimise statutory rape.”