Prevent misuse of new child marriage act

Child rights activists yesterday called upon the government to formulate rules of the Child Marriage Restraint Act 2017 immediately to prevent its misuse.

Pointing out that the government hasn't yet formulated rules of the National Child Policy 2011, they expressed concern similar delay in the case of the marriage restraint act will leave scope for abuse.

Their concerns were especially centred on the act's provision for marriages below the permissible age under “special circumstances” as they spoke at a press conference organised at the Jatiya Press Club in Dhaka by Child Rights Advocacy Coalition in Bangladesh, a network of non-government development organisations, international organisations and civil society.

The law was passed in parliament on Monday keeping the provision that will allow parents or, in their absence, guardians to marry off boys or girls in their “best interests” with permission from court before they reach the permissible age for marriage, which is 18 for girls and 21 for boys. 

No minimum age has been specified for marriages under “special circumstances”. Besides no explanation has been given as to what will be considered special circumstances.

From the government's side it was said scope of special marriages would be made clear at the time of the formulation of rules. 

National Girl Child Advocacy Forum President Badiul Alam Majumdar said, “The decision to keep the provision is not right. In the long run, it'll have negative impacts. The nation will have to pay for it.

“We hope the government will understand its mistake and revise it.”

Secretary of the Advocacy Forum Nasima Akter Jolly said the government wants to avoid unwarranted situations like child pregnancy.

But instead of incorporating the special provision for marriage, it should have enacted a law to prevent unwarranted situations that lead to child pregnancy.

The existing act to prevent child marriages enacted in 1929 is more time-befitting than the new law to replace the earlier one once the president gives his consent, said Director of Bangladesh Shishu Adhikar Forum Abdus Sahid Mahmud.

Senior Deputy Director of Ain o Salish Kendra Rawshan Jahan Parvin at the conference read out a statement of Child Rights Advocacy Coalition.

The coalition demanded that the roles of the stakeholders be specified in the rules, child's consent be made mandatory for marriage under special circumstances, those responsible for child marriages be punished and a monitoring cell be formed to check underage marriages.

Meanwhile, the United Nations voiced its criticism yesterday over the controversial law.

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.

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.