Controversial ‘child marriage’ bill goes to Parliament

The controversial ‘child marriage’ bill, which would allow exceptions to the minimum age for the marriage of women under ‘special circumstances’, has come to Parliament for consideration.

Parliamentary Correspondentbdnews24.com
Published : 8 Dec 2016, 08:51 AM
Updated : 8 Dec 2016, 09:09 AM

The ‘Prohibition of Child Marriage Act 2016’ will be sent to the Parliamentary Standing Committee for Women and Children Affairs Ministry for a report.

Though the Cabinet-approved bill has fixed the minimum age for the marriage of females at 18, it allows exemptions in “special situations, for the best interest of [minor girls], [who] can be married with consent of court and [their] parents”.

Local and international rights organisations have expressed concerns that the law may be abused or may encourage child marriage instead of preventing it.

The ‘special circumstances’ described in the draft as ‘accidental or unlawful pregnancy’ was very worrying, according to US-based Human Rights Watch (HRW).

“It is also difficult to know just what is meant by 'unlawful pregnancy'. It suggests the law could lead to a situation where girls who have been raped are forced to marry their rapists.”

The HRW statement said the existing law on child marriage has been ‘widely ignored’, but a strict law still meant the focus could be on its enforcement.

But the draft that received the Cabinet’s nod, while toughening penalties, “weakens existing law by making some child marriages legal”, it said.

“Weakening the law is a setback for the fight against child marriage, and sends a message to parents across the country that the government thinks child marriage is acceptable in at least some situations.”

Prime Minister Sheikh Hasina has taken issue with critics of the draft, saying they “know nothing about Bangladesh’s social system”.

Cabinet Secretary Mohammad Shafiul Alam, after the Cabinet meeting approving the bill on Nov 24, told reporters the provision meant to offer a ‘solution’ to existing problems.   

“If there is an unmarried mother, who has a child... if there is a case like that... then this provision will provide protection. There can be a lot of situations that lead to marriages like this. This process is aimed at legalising them.”

“In our county, they get pregnant after running away when they are only 10 or 11. There are these problems, so this is the solution.”

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.