Child Marriages

It has been a custom in many parts of the Indian Subcontinent to marry children at a young age. The reasons are many, including domestic and sociological factors, like wanting to perpetuate the family by marrying the son early, wanting to escape the discredit caused to the family by an adult unmarried daughter or the mother’s desire to marry her son early in order to obtain a daughter-in-law to obey her and share the domestic chores. Some even married their young daughters to the Holy Quran so that they may not appear unmarried to conquerors or their Creator.

This practice varies from region to region. The results are tragic: child wives often remain unhappy throughout their marital lives and many fall ill or even die during early pregnancy and childbirth. Their babies also suffer poor health and weakness.

To control this menace, the Child Marriage Restraint Act was enacted in 1929. The law remains in force and applies to both Muslim and non-Muslim citizens of Pakistan. The Muslim Family Laws Ordinance, effective 15th July 1961, changed the age of girl child in the Act from 14 years to 16 years of age. Boys, meanwhile, do not become eligible for marriage until age 18.

The provisions of the Act are simple but to an extent have failed to prevent child marriages. This is partly due to social factors, but also because of the weak nature of the provisions of the Act, including its light and irrelevant 60-year-old penalties, and the cumbersome court procedures. Although no statistics are available, few convictions have taken place under the Act.

However, the most important reason that the Act has failed to check child marriages is the repeated judgments of the courts, including the Supreme Court, that child marriages are not void and remain valid.

As a result of the legal position and the social factors that encourage child marriages, the practice continues, particularly in the rural areas of Pakistan.

Corporal Punishment

Corporal punishment is defined as the use of physical force for the purpose of correcting a child’s behavior. It is an act by which adults inflict pain upon the child with the intention that he or she is disciplined and the learning process is facilitated.

Corporal punishment breaches the child’s self respect, self?dignity and physical integrity. The level and intensity of punishment varies according to the nature of the mischief and disobedience on part of the child and the adult’s character. However, external factors like poverty, over?stressed parents and teachers, underpaid teachers and unemployment also play a decisive role in aggravating physical punishment in the name of discipline.

Examples of common physical punishments are slapping, pulling ears, spanking, asking children to position themselves in ridiculous postures (e.g. murgha: literally, as a “chicken”) or battering the child to the point of extreme pain, profuse bleeding, physical impairment, death or suicide. Sometimes adults employ tools of abuse like steel rods, sticks, belts and shoes to beat the child.

Corporal punishment is strongly entrenched in people’s social attitudes and psychological make?up. Some common justifications for the use of corporal punishment include that a child’s upbringing is the family’s responsibility, not the State’s, and that it has been practiced since time immemorial. Parents say that they were punished this way and nothing bad has happened to them. Teachers, meanwhile, feel disempowered without corporal punishment.

Corporal punishment is an act intended to hurt and/or dominate. Research findings have pointed out the correlation between corporal punishment and depression, low self?esteem, lack of confidence and deteriorating relationships with parents, teachers and other adults. Many children are vulnerable to corporal punishment at home, workplace and in school (if granted the opportunity to attend).

Corporal punishment is also cited as one of the major reasons for the high rates of school dropouts. A survey conducted in Pakistan in 1999 found that 15% of students between the ages of 10?18 who ever attended primary schools had dropped out. Corporal punishment was the most common reason cited for dropping out. Punishing children before peers, teachers and others leaves the child humiliated, ashamed and helpless.

The strongest, though unintentional, message that corporal punishment sends out is that it is all right for a stronger person to coerce a weaker person. The child grows to think that violence is acceptable behavior in settling conflicts and disputes and perpetuates the cycle of violence with their own children, thinking it a normal part of upbringing and discipline.