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Supreme Court introduces handbook on child marriage dispensations
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The 1974 Marriage Law sets the marriageable age for girls at 16 while for men it is 19, even though the 2002 Child Protection Law defines a child as anyone “under the age of 18”. (Shutterstock/File)
T
he Supreme Court published on Friday a manual providing guidance to judges on underage marriage exemptions in courts, in a bid to curb child marriages in the country.
The legal age for marriage among girls was increased from 16 to 19 following an amendment to the Marriage Law in September last year. However, parents can request dispensations for their children from religious courts or district courts, which has been criticized as a loophole.
In response to the amendment, the Supreme Court issued in November 2019 stricter regulation, providing judges with guidance on dealing with exemptions for children facing wedlock before the age of 19.
The court has now introduced a handbook detailing the do's and don'ts for judges when processing underage marriage dispensation to ensure that every judge handling these cases understands their responsibility in reviewing the 2019 regulation.
“Courts are gatekeepers and the last line of defense against child marriage, a very serious problem that could harm the quality of life of our next generation,” Supreme Court chief justice Muhammad Syariffudin said in the virtual launch of the handbook on Friday.
"I hope this manual offers a reference for judges in dealing with marriage dispensation cases and helps them decide what is best for the children,” he added.
The handbook, in line with the Supreme Court regulation, details how judges must educate couples or parents who request exemptions about the potential negative impacts of child marriage on girls' education and reproductive health and the increased risk of domestic abuse. The judges should also seek out recommendations from a child psychologist, medical workers, social workers and officials from the Integrated Care Center for the Empowerment of Women and Children (P2TP2A) before permitting any child marriages.
