Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
One in four family lawyers contemplates leaving the profession, Resolution reveals
A quarter of family justice professionals are on the verge of quitting the profession as the toll of lockdown on their mental health becomes clear, the family law group Resolution revealed today,...
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
Misogyny as a hate crime – what it means and why it’s needed
In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making...
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