It is unacceptable that nearly a decade after the enactment of the Child Marriage Restraint Act, 2017, millions of girls across the country continue to be married before they turn 18. A recent review by Unicef and UNFPA reveals why the law has failed to deliver the expected results, identifying legal loopholes and weak enforcement as major obstacles. According to the review, 47.2 percent of girls were married before 18 in 2025, down from 51.4 percent in 2019. Despite this decline, we still have the highest prevalence of child marriage in South Asia, with an estimated 41.6 million child brides, including 22.3 million who were married off before turning 15.
One of the most problematic provisions in the act is Section 19, which allows underage marriage in “special circumstances” with court approval but does not clearly define these circumstances. As we have argued before, this provision is open to misinterpretation and misuse, and therefore must be removed. Another major shortcoming is that the act penalises those involved in child marriages but does not invalidate the marriages themselves. This means that while a marriage is punishable under the act, it can still be recognised as valid under personal laws. The aforementioned review recommends allowing children to annul their marriages and ensuring that the law takes precedence over conflicting personal laws. It also recommends that the minimum marriage age be set at 18 for both girls and boys, and that children involved in marriages should not face criminal penalties.
Weak enforcement is another barrier, which has allowed the practice to persist. While prevention committees often fail to function, officials also lack adequate training and resources, and authorities often arrive at the spot after weddings have taken place. Families also continue to evade scrutiny by using forged birth certificates or arranging marriages in neighbouring districts. These gaps must be addressed urgently. The review also identifies poverty, limited educational opportunities, insecurity, and entrenched gender norms as other factors driving child marriage.
We urge the government to act on the recommendations without delay. The Women and Children Affairs Ministry must take the lead in initiating the necessary legal reforms and coordinate with relevant ministries and agencies. Prevention committees must function effectively and trained Child Marriage Prohibition Officers must be appointed down to the union level. All marriages must be registered to strengthen oversight. A state-funded support system must also be established to provide rescue services, healthcare, safe shelters, counselling, legal aid, and livelihood opportunities for victims of child marriage.
Source: https://www.thedailystar.net/opinion/editorial/news/child-marriage-law-should-be-reformed-4298846
