Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

Should a Child Ever Marry?

Sep 29, 2018, 17:38 PM
Slug : should-a-child-ever-marry
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 13, 2007, 04:23 AM
Article ID : 88939

Mr Justice Tassaduq Hussain Jillani, Judge of the Supreme Court of Pakistan. Child marriage has been a universal phenomenon. It has not been religion, region or people specific. In the modern context, it is argued here, it is a gross abuse and exploitation of young girls. Various bodies, including the UN, have taken measures to try and curb child marriage. It has become a matter for various key human rights declarations, conventions and agreements, many of which have encouraged the development of educational and employment opportunities for girls and young women.

This article reveals the incidences in Pakistan of forced marriages, exchange marriages (where one pair of siblings marry another pair of siblings) and marriage or exchange of females as compensation for compensating disputes/offences, contrary to the law. It considers the role of the legal system in pushing for social change and the correlation between poverty and child marriage. Despite legislation, however, the tradition of child marriage will continue to be practiced unless the well-entrenched customs, prejudices and traditionally defined roles of women are changed through education, public opinion and judicial intervention. Court interventions have played a significant role in bringing the issue into the public domain, persuading the legislature to amend the law, providing speedier remedies and in protecting females before it is too late. In countries where other societal institutions are neither fully developed or have not responded to such challenges, courts have to play a dynamic role and thereby act as catalysts of social change. Law, including the judge made law, can and must play its role in changing the inhuman social mores.

For the full article see March [2007] International Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from