Child Matrimony in South Asia: A Comparative Study of Marriage Legislation in India and Pakistan

Abstract

This study examines the legal approaches to child marriage in India and Pakistan, focusing on India's consolidated Prohibition of Child Marriage Act, 2006, and Pakistan's fragmented provincial laws post-18th Amendment. Employing qualitative methods, including document analysis and case law examination, the study compares legal provisions, enforcement practices, and judicial interpretations. Findings reveal that India's unified framework is more effective in reducing child marriage rates, providing consistent protections and enforcement mechanisms. In contrast, Pakistan's decentralized approach leads to legal inconsistencies, outdated provisions, and weaker enforcement, varying significantly across provinces. The study underscores the need for Pakistan to adopt a cohesive legal framework, proposing reforms such as raising the legal marriage age, nullifying child marriages, imposing stricter penalties, and enhancing enforcement. It concludes that a unified legal strategy is critical for Pakistan to eradicate child marriage, safeguard children’s rights, and align with global child protection standards.