The Lahore High Court (LHC) has ordered the amendment of Child Marriage Act 1929, a law made 95 years ago under which the legal age of marriage for a boy is 18 years and for a girl is 16 years, annulling the provision of age difference between males and females.
Justice Shahid Kareem of Lahore High Court issued a five-page written judgment in which it is said that there is a need to take effective measures against child marriage. The high court declared “discriminatory” the specific portion of the legislation — Section 2(a) and (b) of the 95-year-old Act — which fixes different legal ages for males and females eligible for marriage.
“The extract set out above makes a compelling case based on physiological and sociological factors for the executive to step up and take effective measures to counter the debilitating effect of child marriage,” the verdict read.
The court decision said that under the constitution, all citizens are equal in the eyes of the law, no citizen can be discriminated against, whereas in the Child Marriage Act, 1929, the age difference between a boy and a girl is discrimination, making this age difference unconstitutional and void.
It is said that the government should amend the Child Marriage Act in 15 days in the light of the court decision, reports The News.
“In sum, the words in section 2(a) viz. “if a male ….and if a female is under sixteen years of age” being unconstitutional are held to be without lawful authority and of no legal effect. They are struck down,” the verdict stressed and added “The Govt of Punjab (its relevant department) is directed to issue the revised version of 1929 Act (based on this judgment) within the next fifteen days.”
