Child Marriage in Pakistan: An Analysis of Legal Developments and Continuing Gaps Coursework

Introduction

Even though there has been a ban on child marriage since the early 20^th century, it continues to be one of the most common violation of the rights of the young girls. This practice is often encouraged by poverty and traditional attitudes that favor men our women. [1]The aim of this paper is to look at the laws, the constitution, and the international standards related to this issue to see how well they deal with the problem and to identify areas where changes can be made. 

The Legal Framework

Domestic Laws

The main law in Pakistan that deals with the child marriage is the Child Marriage Restraint Act, 1929. This law sets the age of majority of boys at 18 and for girls 16. However, this faced legal challenges in recent years. Other than the federal law, each province in Pakistan has its own legislation against child marriage. Sindh was the first province to set a uniform minimum age for marriage in 2013[2], followed by the Islamabad Capital Territory in 2025.[3]Most recently, the Punjab Provincial Assembly passed the Punjab Child Marriage Restraint Act, 2026 in April 2026[4]. This law removes the difference in marriage ages for males and females and increases the punishments for those who engage in child marriage. However, Khyber Pakhtunkhwa and Balochistan have not yet updated their laws[5].

The Law (Second Amendment) Act 2016 added a new provision in the Pakistan Penal Code, 1860, making it illegal to force a child, whether as a wife or otherwise, into sexual relationships[6].

Constitutional Guarantees

The Constitution of the Islamic Republic of Pakistan, 1973, guarantees fundamental rights and principles that support efforts to end child marriage. Article 25 ensures equal treatment and prohibits discrimination based on gender. Article 25-A guarantees free and compulsory education for children. Article 35 protects the family, motherhood, and childhood, and Articles 9 and 14 forbid the deprivation of life, liberty, and personal dignity[7]. It is the duty of both federal and provincial governments, as outlined in Article 35, to protect children’s rights through laws or other means. Notably, the Supreme Court and High Courts have in the past used these rights to challenge parts of the Child Marriage Restraint Act, 1929, instead of relying on the Islamic repugnancy clause in Article 227 of the Constitution.[8]

International laws

At the international level, Pakistan has joined several human rights treaties that prohibit child marriage and safeguard children’s and women’s rights. The Convention on the Rights of the Child defines a child as someone under 18 unless local law allows earlier marriage. [9]It requires countries to set a minimum marriage age and ensure legal recognition. The Convention on the Elimination of All Forms of Discrimination against Women also sets a minimum age for marriage[10]. The Universal Declaration of Human Rights states that no one should be forced to marry or marry without giving full and free consent, which is not possible for a child[11]. Although Pakistan ratified the Convention on the Rights of the Child and the Supreme Courts have previously treated it as a binding treaty, the Islamabad High Court ruled in a case that it is binding on Pakistan as a State Party.

III. Empirical Dimensions

Child marriage is a widespread social issue in Pakistan, as shown by the high number of young girls marrying before they turn 18, and to a lesser extent, young boys. According to UNICEF, millions of Pakistani girls are married before they reach the age of 18, and many are married before they turn 15.[12] The problem is spread across all regions, with Khyber Pakhtunkhwa having the highest number of child brides, as reported in the Pakistan Demographic and Health Survey, 2017-18.[13] However, marriages involving young boys are less common.

The following data provides an overview of the issue:

According to UNICEF’s National Gender Strategy (2020) on Ending Child Marriage, child marriage violates girls’ rights to make their own choices about marriage and to marry only with the full and free consent of both parties. It also leads to harmful effects, such as increased rates of unplanned pregnancies among adolescents, and contributes to poverty, which in turn fuels the cycle of child marriage. For instance, over half of adolescent girls become pregnant before they turn 18, which can cause serious health problems. Many young girls also live in poverty.[14]

Judicial Trends

Judicial oversight of the issue of child marriage has intensified in the last six years with courts adopting a proactive approach towards the issue by reviewing the validity of the Child Marriage Restraint Act, 1929. The judiciary trend reflects an emerging consensus on the need to intervene in the area of social policy in order to strike a balance between individual liberty and the collective good, guided by constitutional mandates and international law. In particular, courts have started to rely on the fathers’ rights under the Constitution to challenge the application of the 1929 Act in order to prevent underage marriages.

The Islamabad High Court decision in Mst Mumtaz Bibi v Qasim is noteworthy not so much for its disposition but for the reason underlying the decision: the Court distinguishes an earlier Supreme Court decision whereby a marriage contrary to the 1929 Act was held to be merely irregular, and not void, on the grounds that accession to the Convention on the Rights of the Child has now changed the interpretive terrain. [15] [16]In its decision in Azka Wahid v Province of Punjab , the Lahore High Court goes even further in declaring that the differential definition of ‘child bore no intelligible relationship to any legitimate. Object of the 1929 Act and was accordingly unconstitutional, while expressly limiting its conclusion regarding puberty to socio-economic considerations and thus avoiding the finding of repugnancy to Islamic law in Farooq Omar Bhoja. [17][18] Combined, these decisions provide the doctrinal basis upon which the legislature acted

Customary and socio-cultural Practices

Customary and socio-cultural practices also contribute to child marriage. Practices like Swara or Wani involve marrying a girl to resolve family disputes. Watta Safta involves reciprocal marriages between families, while Pait Likhi involves engaging an unborn or baby child as a bride, effectively removing consent possibilities before it is due. All these practices are prohibited under the Prevention of Anti-Women Practices Act.[19][20]

Underlying cause

Root causes of child marriage in Pakistan consistently include poverty, cultural norms, and gender discrimination. Poverty can act as both a pull and push factor, with families either seeking financial relief through child marriage or being unable to provide education and employment opportunities to girls.[21] Cultural norms often dictate that daughters should be married at puberty to protect family honour and control female sexuality, reflecting broader gender inequality. These norms have remained largely unchanged since the 1929 Child Marriage Restraint Act, which imposed different ages for boys and girls.

Institutional and policy measures include the South Asian Initiative to End Violence against Children, which promotes regional cooperation to align Pakistan’s laws with broader child protection efforts in SAARC. Within Pakistan, UNICEF’s National Gender Strategy for 2024-2027 emphasizes working with religious leaders, men and boys, and investing in girls’ education and health services. Education is key to preventing child marriage, as low levels of education are risk factor and contribute to the cycle of poverty. It is therefore clear that legislative measures alone cannot eliminate child marriage. Root causes of child marriage in Pakistan consistently include poverty, cultural norms, and gender discrimination.

Poverty can act as both a pull and push factor, with families either seeking financial relief through child marriage or being unable to provide education and employment opportunities to girls. Cultural norms often dictate that daughters should be married at puberty to protect family honour and control female sexuality, reflecting broader gender inequality. These norms have remained largely unchanged since the 1929 Child Marriage Restraint Act, which imposed different ages for boys and girls.

VII. Institutional and Policy Responses

Institutional and policy measures include the South Asian Initiative to End Violence against Children, which promotes regional cooperation to align Pakistan’s laws with broader child protection efforts in SAARC. Within Pakistan, UNICEF’s National Gender Strategy for 2024-2027 emphasizes working with religious leaders, men and boys, and investing in girls’ education and health services. Education is key to preventing child marriage, as low levels of education are a risk factor and contribute to the cycle of poverty. It is therefore clear that legislative measures alone cannot eliminate child marriage.

VIII. Critical analysis and recommendation

Critical assessment and recommendations highlight three key issues.

First, while Sindh, Islamabad Capital Territory, and Punjab have adopted a uniform marriage age of eighteen, Khyber Pakhtunkhwa and Balochistan still use the 1929 Act’s differential age. Second, the Mumtaz Bibi case’s decision to invalidate marriages as void from the start may not be practical in the socio-cultural context of Pakistan. Third, the 1929 Act and its provincial versions rely on complaints to investigate and punish child marriage, placing an unfair burden on Union Councils and nikah registrars, who are often involved in facilitating such marriages discreetly. These issues are discussed in detail below.

Although the 1929 Act allows for different marriage ages for boys and girls, amendments in Sindh, Islamabad Capital Territory, and Punjab have removed this distinction, which has been a point of contention among women’s rights activists. Khyber Pakhtunkhwa and Baluchistan have not yet adopted these changes.

Secondly, the Mumtaz Bibi ruling from 2022 declares that marriages involving children are considered invalid from the start[22]. This has important consequences for a child’s ability to leave such a marriage, to inherit property, and to claim maintenance. However, this decision has not always aligned with rulings from the Islamabad High Court and other courts, which have raised concerns about using the concept of puberty as a way to determine a person’s legal capacity. Until the Supreme Court of Pakistan provides a final and binding decision on this matter, the legal status of a child-especially regarding her ability to exit a marriage, inherit property, or claim maintenance-remains uncertain.

Thirdly, as previously mentioned, the 1929 Act and its provincial versions rely on complaints to investigate cases of prohibited marriages, which then lead to penalties under the law. This creates a heavy burden on Union Councils and nikah registrars, who are responsible for investigating such cases and ensuring penalties are enforced. These challenges can be addressed by improving the accountability of registrars, requiring mandatory birth registration checks during nikah registration, and using existing family or child protection court systems to handle prohibited marriages.

Finally, it should be clear that legal reforms alone are not enough to eliminate child marriage. As discussed earlier, the main reasons behind child marriage-such as poverty, traditional views on marriage, and discriminatory gender norms related to puberty-are deeply rooted in Pakistan’s social and economic structure. These issues can be tackled through conditional cash transfer programs, community involvement as outlined in the Gender Strategy, and through legal reforms like reclassifying Swara or Watta Satta from civil matters to criminal offenses.

Conclusion

Pakistan’s approach to child marriage, reflected in its laws and policies, has evolved significantly in a short time. It has moved away from a single law that allowed different minimum marriage ages for men and women under British rule to multiple laws that now set the minimum age of marriage at eighteen, following decisions in cases like Mumtaz Bibi and Azka Wahid. As this note shows, the ongoing differences between provinces, lack of clear guidance on the civil consequences of child marriage, enforcement difficulties, and socio-economic factors that continue to support the practice demonstrate that legal changes, while important, are only part of the solution.

Reference(S):

Legislation

Constitution of the Islamic Republic of Pakistan 1973

Child Marriage Restraint Act 1929 (Pakistan)

Pakistan Penal Code 1860

Criminal Law (Second Amendment) Act 2016 (Pakistan)

Sindh Child Marriage Restraint Act 2013

Islamabad Capital Territory Child Marriage Restraint Act 2025

Punjab Child Marriage Restraint Act 2026

International Instruments

Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III)

Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3

Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13

Cases

Azka Wahid v Province of Punjab and Others 2024 LHC 1392

Mst Mumtaz Bibi v Qasim and Others PLD 2022 Islamabad 228

Mst Alishba Bibi v The State and 7 Others PLD 2020 Islamabad 28

Farooq Omar Bhoja v Federation of Pakistan, Shariah Petition 1 of 2020, PLD 2022 Federal Shariat Court 1

Secondary Sources

Equality Now, Exploring the Interlinkages between Child Marriage and Family Laws in South Asia: Pakistan Country Brief (Equality Now 2026)

Girls Not Brides, ‘Child Marriage Atlas: Pakistan’ (Girls Not Brides, 2025)

National Institute of Population Studies and ICF, Pakistan Demographic and Health Survey 2017-18 (NIPS and ICF 2019)

Oxford Human Rights Hub, ‘Lahore High Court Strikes Down the Discriminatory Gender-Based Age

Difference in the Definition of ‘Child’ in the Child Marriage Restraint Act 1929′ (OHRH, 2024)

Oxford Human Rights Hub, ‘Mumtaz Bibi v Qasim: Islamabad High Court’s Landmark Judgment on Child Marriage’ (OHRH, 2022)

South Asia Initiative to End Violence against Children (SAIEVAC), Regional Study on Child Marriage in South Asia (SAARC Secretariat)

UNICEF, ‘Child Marriage Country Profile: Pakistan’ (UNICEF Pakistan, 2024)

UNICEF Regional Office for South Asia, ‘UNICEF Unveils New Vision to Protect and Empower Adolescent Girls in Pakistan’ (UNICEF, 30 April 2024)

Aftab Alexander Mughal, ‘Punjab Sets Minimum Age for Marriage’ the Friday Times (28 April 2026)

‘Bill to Curb Child Marriage Passes in Punjab, Pakistan’ Christian Daily International (Lahore, 30 April 2026)

‘National Assembly Passes Landmark Bill to Criminalize Child Marriages in Islamabad Dawn (Islamabad, 17 May 2025)

The News, ‘Child Marriage: Laws, Verdicts, Solutions the News (Karachi, 27 September 2024)

[1] Child Marriage Restraint Act 1929 (Pakistan), s 2(a).

[2] Sindh Child Marriage Restraint Act 2013.

[3] Islamabad Capital Territory Child Marriage Restraint Act 2025; see also ‘National Assembly Passes Landmark Bill to Criminalize Child Marriages in Islamabad’ Dawn (17 May 2025) https://www.dawn.com/news/1911451 accessed 2 August 2026.

[4]Bill to Curb Child Marriage Passes in Punjab, Pakistan’ Christian Daily International (30 April 2026) https://www.christiandaily.com/news/bill-to-curb-child-marriage-passes-in-punjab-pakistan accessed 2 August 2026.

[5] Aftab Alexander Mughal, ‘Punjab Sets Minimum Age for Marriage’ The Friday Times (28 April 2026) https://www.thefridaytimes.com/28-Apr-2026/punjab-sets-minimum-age-marriage accessed 2 August 2026.

[6] Pakistan Penal Code 1860, ss 375 and 377A, as amended by the Criminal Law (Second Amendment) Act 2016.

[7] Constitution of the Islamic Republic of Pakistan 1973, arts 9, 14, 25, 25A and 35.

[8] Constitution of the Islamic Republic of Pakistan 1973, art 227.

Child Marriage: Laws, Verdicts, Solutions’ The News International (27 September 2024) https://www.thenews.com.pk/print/1234506-child-marriage-laws-verdicts-solutions accessed 2 August 2026.

[9] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 1

[10] Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13, art 16(2).

[11] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A (III)) art 16(2).

[12]  UNICEF Pakistan, Child Marriage Country Profile: Pakistan (UNICEF Pakistan 2024) https://www.unicef.org/pakistan/documents/child-marriage-country-profile-pakistan accessed 2 August 2026.

[13] National Institute of Population Studies (NIPS) and ICF, Pakistan Demographic and Health Survey 2017–18 (NIPS and ICF 2019).

[14] UNICEF Regional Office for South Asia, ‘UNICEF Unveils New Vision to Protect and Empower Adolescent Girls in Pakistan’ (UNICEF, 30 April 2024) https://www.unicef.org/rosa/press-releases/unicef-unveils-new-vision-protect-and-empower-adolescent-girls-pakistan accessed 2 August 2026.

[15] Mst Mumtaz Bibi v Qasim and Others PLD 2022 Islamabad 228.

[16] 17. Oxford Human Rights Hub, ‘Mumtaz Bibi v Qasim: Islamabad High Court’s Landmark Judgment on Child Marriage’ (2022) https://ohrh.law.ox.ac.uk/mumtaz-bibi-v-qasim-islamabad-high-courts-landmark-judgment-on-child-marriage/ accessed 2 August 2026.

[17] Azka Wahid v Province of Punjab and Others 2024 LHC 1392.

[18] Oxford Human Rights Hub, ‘Lahore High Court Strikes Down the Discriminatory Gender-Based Age Difference in the Definition of “Child” in the Child Marriage Restraint Act 1929’ (2024) https://ohrh.law.ox.ac.uk/lahore-high-court-strikes-down-the-discriminatory-gender-based-age-difference-in-the-definition-of-child-in-the-child-marriage-restraint-act-1929/ accessed 2 August 2026.

[19] South Asia Initiative to End Violence against Children, Regional Study on Child Marriage in South Asia (SAARC Secretariat).

[20] Equality Now, Exploring the Interlinkages between Child Marriage and Family Laws in South Asia: Pakistan Country Brief (Equality Now 2026).

[21] Girls Not Brides, Child Marriage Atlas: Pakistan (Girls Not Brides 2025) https://www.girlsnotbrides.org/en/learning-resources/child-marriage-atlas/atlas/pakistan/ accessed 2 August 2026.

[22] Ibid[11]-[13]

 Mst Alishba Bibi v The State and 7 Others PLD 2020 Islamabad 28.

 Farooq Omar Bhoja v Federation of Pakistan, Shariat Petition No 1 of 2020, PLD 2022 Federal Shariat Court.