Barbarism in the name of tradition

Not a week goes by without news of another young girl being married off to an older man as compensation for a family feud. Most recently, according to press reports, a panchayat in Vehari, Punjab, decided to give a five-year-old girl to a 40-year-old man as punishment for her father eloping with the man's sister. Ironically, the father had already left with the woman, and the girl and her mother, who was grieving her husband's infidelity, were left behind to bear the consequences.

This barbaric trend, called vani and swara, draws from distorted historical memories and cultural practices, feeding off strong patriarchal under-currents of this society. Child brides suffer the consequences of the ignominy for which the men of their family are responsible. In addition to being labelled and ridiculed as a "vani bride" all her life, the girl also suffers from physical trauma. Medical experts have routinely reported treating young girls with fistula and anaemia which are a direct result of early marriage and motherhood.

Legally speaking, there is cover available to young girls against these inhumane practices. But the laws available are vague and inadequate. Though Pakistan ratified the UN Convention on the Rights of Child in 1990, the practice of vani was made illegal only in 2004. Even then, the legislation which outlaws child marriage is weak with many loopholes. According to legal experts, this is so because there isn't strong legislation specifically focusing on the practice of vani and swara.

The basic law, which deals with this issue is Child Marriage Restrain Act, 1929, under which the crime of child marriage deserves punishment of only one month. The Pakistan Penal Code has also been modified in attempts to provide legislative protection to girls. Section 310-A declares the giving away of a girl to settle a dispute a penal offence carrying a sentence up to 10 years.

In 2004, the Law and Justice Commission recommended amendments to Article 366-C of the Pakistan Penal Code, which would mete out rigorous imprisonment to individuals found guilty of practicing vani and swara. The amendment unfortunately has still not been passed. Even the Chief Justice of Pakistan, earlier this year, called out for amendment in laws to prevent the practice of Badal-e-Sulha (compensation for compromise).

In addition to inadequate legislation in matter of protecting girl children, there are sociological factors serving as roadblocks to child protection. In rural areas all over Pakistan, the overwhelming patriarchy is reinforced by the archaic cultural belief of women's place as carrier of the family's virtue.

But interestingly enough, even in urban areas, distanced from the "backward" rural customs, the concept of child marriage is not considered taboo. According to a report by the Population Council in 2002, in comparison to 58 percent of women in rural areas, 27 percent of urban women were expected to get married before the age of 20. This means that in cities, almost three in every 10 girls was to be married off before they crossed their teenage years. This practice arises from tradition and family ties where it is not considered inappropriate to marry off girls in their early to mid-teens. Even under the Muslim Family Law, the legal age of marriage for women is 16. Although, some in the Sindh government have been trying to raise the marriageable age to 18 years, this will be an uphill battle especially with the presence of men in the assembly who stoutly defend such traditions.

Another factor which is adding to the losing battle of child rights is the dearth of information available out there. Many in remote rural areas are not even familiar with the concept of legal age of marriage. In this regard, media can aid the government in spreading out the word. The barbarity of letting a young girl suffer physically and emotionally must be stopped. The situation warrants introduction of an appropriate legislation and a massive awareness campaign. Unfortunately, however, no substantial gains will be made in this regard unless the people themselves accept such practices to be wrong.

Published in Business Recorder (16 October 2011).