Criminal Law and Child Marriage in Bangladesh

Introduction to Child Marriage in Bangladesh

Child marriage is a widespread issue in Bangladesh, with one of the highest rates of child marriage in the world. According to the Bangladesh Demographic and Health Survey 2017-2018, 51% of girls are married before the age of 18, and 18% are married before the age of 15. Child marriage is particularly prevalent in rural areas, among poor families, and in communities where social norms and customs perpetuate the practice. Child marriage has serious consequences for the health, education, and well-being of girls, as they are often forced to drop out of school, have children at a young age, and are at higher risk of domestic violence and other forms of abuse. The government of Bangladesh has taken steps to address the issue of child marriage, including enacting the Child Marriage Restraint Act and launching a National Plan of Action to End Child Marriage. However, more needs to be done to improve enforcement and address the root causes of child marriage in the country.

Criminal Law and Child Marriage:

The Child Marriage Restraint Act is the primary criminal law that addresses child marriage in Bangladesh. It prohibits marriage for girls under the age of 18 and boys under the age of 21. The act also imposes penalties on anyone who facilitates, performs, or arranges a child marriage, including imprisonment and fines. In addition, the act includes provisions for nullifying child marriages and providing protection and support for victims of child marriage.

Despite the existence of this law, child marriage continues to be a prevalent issue in Bangladesh. One of the challenges is the enforcement of the law, as some communities and families may not view child marriage as a violation of the law or may not be aware of the legal consequences. Another challenge is the lack of resources and capacity to investigate and prosecute cases of child marriage.

To address these challenges, the government of Bangladesh has taken a multi-sectoral approach to addressing child marriage. This includes awareness-raising campaigns, education initiatives, and the provision of integrated services for women and children. These efforts aim to increase awareness of the harms of child marriage and promote alternatives to child marriage, such as education and economic empowerment.

The Child Marriage Restraint Act and its implications

Child Marriage Prevention Act, was enacted in 2017 and has undergone several amendments over the years. The act sets the legal age of marriage at 18 for girls and 21 for boys and prohibits the marriage of minors below those ages. The act also prescribes penalties for those who perform, arrange, or facilitate child marriages, including imprisonment and fines.  The Child Marriage Restraint Act (CMRA) of 2017 raised the minimum age of marriage for girls to 18, and for boys to 21. Under the Act, marrying a child under the age of 18 is a punishable offense, with a maximum penalty of two years imprisonment and a fine.

One of the implications of the act is that child marriage is a punishable offense in Bangladesh. However, despite the existence of this law, child marriage remains prevalent in the country. This is partly due to the fact that the law is not always enforced, particularly in rural areas where social norms and customs perpetuate the practice.

The act also includes provisions for nullifying child marriages and providing support and protection for victims of child marriage. This includes the right of a victim to seek annulment of the marriage and the right to maintenance and residence in case of annulment. The act also provides for the appointment of child marriage prevention officers to oversee the implementation of the act and ensure compliance with its provisions.

In recent years, there have been calls to strengthen the Child Marriage Restraint Act and increase the penalties for those who violate it. Some activists and organizations have also called for the legal age of marriage to be raised to 21 for both girls and boys. However, there has been resistance to these proposals, particularly from conservative and religious groups.

Penalties for child marriage in Bangladesh

The Child Marriage Restraint Act in Bangladesh prescribes penalties for those who perform, arrange, or facilitate child marriages. The penalties include imprisonment for up to two years, a fine of up to 50,000 Bangladeshi taka (approximately USD $590), or both.

In addition to these penalties, the act provides for the nullification of child marriages and the protection and support of victims of child marriage. The act allows a child who is married before the age of 18 to seek annulment of the marriage, and provides for the right to maintenance and residence in case of annulment. The act also establishes child marriage prevention officers to oversee the implementation of the act and ensure compliance with its provisions.

Despite these penalties, child marriage remains a prevalent issue in Bangladesh, particularly in rural areas where social norms and customs perpetuate the practice. One of the challenges is the enforcement of the law, as some families and communities may not view child marriage as a violation of the law or may not be aware of the legal consequences.

To address these challenges, the government of Bangladesh has taken a multi-sectoral approach to addressing child marriage, including awareness-raising campaigns, education initiatives, and the provision of integrated services for women and children. These efforts aim to increase awareness of the harms of child marriage and promote alternatives to child marriage, such as education and economic empowerment.

Government Steps to Address Child Marriage:

The government of Bangladesh has taken several steps to address the issue of child marriage in the country. Here are some of the key steps:

1. Enactment and Amendment of Laws: The government has enacted and amended laws to address child marriage, including the Child Marriage Restraint Act, which sets the legal age of marriage at 18 for girls and 21 for boys, and prescribes penalties for those who violate the law.
2. National Plan of Action to End Child Marriage: The government has developed a National Plan of Action to End Child Marriage, which outlines strategies and actions to address the issue of child marriage, including awareness-raising campaigns, education initiatives, and the provision of integrated services for women and children.
3. Integrated Service Delivery: The government has established One-Stop Crisis Centers (OCCs) to provide integrated services to women and children who are victims of violence, including child marriage. These centers provide medical treatment, legal assistance, and counseling services to victims of child marriage.
4. Awareness-Raising Campaigns: The government has launched awareness-raising campaigns to increase public awareness about the harms of child marriage and promote alternatives to child marriage, such as education and economic empowerment. These campaigns target families, communities, and other stakeholders.
5. Education Initiatives: The government has implemented several education initiatives to promote access to education for girls and increase their enrollment and retention in school. These initiatives aim to address the root causes of child marriage, such as poverty and lack of education.

Despite these efforts, child marriage remains a prevalent issue in Bangladesh, particularly in rural areas. To address this, there is a need for continued investment in education, awareness-raising, and service delivery initiatives, as well as stronger enforcement of laws and policies.

National Plan of Action to End Child Marriage

The National Plan of Action to End Child Marriage in Bangladesh was launched in 2018 by the government in collaboration with civil society organizations, UN agencies, and other stakeholders. The plan outlines a comprehensive and multi-sectoral approach to address the issue of child marriage in the country. Here are some of the key components of the plan:

1. Prevention: The plan aims to prevent child marriage by raising awareness about the harmful effects of child marriage on girls and their families, and promoting alternatives such as education and vocational training. It also aims to improve access to health services, including sexual and reproductive health services.
2. Protection: The plan aims to protect girls who are at risk of child marriage by strengthening legal frameworks and promoting child-friendly justice systems. It also aims to provide support and assistance to girls who are married off before the age of 18.
3. Provision: The plan aims to provide girls with access to education, health services, and social protection services to prevent them from entering into child marriage. It also aims to provide economic opportunities for girls and their families to reduce the economic pressure that can lead to child marriage.
4. Partnership: The plan emphasizes the need for partnership and collaboration among government agencies, civil society organizations, and other stakeholders to effectively address the issue of child marriage.

The National Plan of Action to End Child Marriage has been welcomed by both national and international stakeholders as a positive step towards addressing the issue of child marriage in Bangladesh. However, the success of the plan will depend on its effective implementation, monitoring, and evaluation.

Awareness-raising campaigns and education initiatives

Awareness-raising campaigns and education initiatives are important components of efforts to address child marriage in Bangladesh. Here are some examples of these initiatives:

1. Kanyashree Prakalpa: The Kanyashree Prakalpa is an initiative of the government of West Bengal in India, which borders Bangladesh. The initiative provides financial assistance and support to girls from economically disadvantaged families to ensure that they stay in school and avoid child marriage.
2. “Let Girls be Girls” Campaign: The “Let Girls be Girls” campaign is a joint initiative of UNICEF and the government of Bangladesh. The campaign aims to raise awareness about the negative effects of child marriage and promote the importance of education for girls.
3. Comprehensive Sexuality Education (CSE): The government of Bangladesh has introduced Comprehensive Sexuality Education (CSE) in schools, which includes information about sexual and reproductive health, as well as gender equality and human rights. CSE aims to empower young people to make informed decisions about their sexual and reproductive health and prevent child marriage.
4. Community-based Education: NGOs and community organizations in Bangladesh have implemented community-based education initiatives to provide education to girls who are unable to attend formal schools. These initiatives aim to reduce the economic pressures that can lead to child marriage by providing girls with skills and knowledge to improve their economic prospects.
5. School-based Awareness Programs: Several organizations in Bangladesh have implemented school-based awareness programs to raise awareness about the negative effects of child marriage and promote the importance of education. These programs involve the participation of teachers, students, and parents.

These awareness-raising campaigns and education initiatives aim to change attitudes and behaviors towards child marriage and promote alternatives such as education and economic empowerment for girls. They also aim to increase awareness about the legal implications of child marriage and the support available to victims of child marriage.

Integrated Services for Women and Children

Integrated Services for Women and Children (ISWC) is a program implemented by the government of Bangladesh in collaboration with UNICEF, UNFPA, and other partners to provide comprehensive support to women and children who are at risk of or affected by violence, including child marriage.

The program aims to provide a range of services, including legal aid, counseling, health care, and rehabilitation, to women and children who have experienced violence, abuse, or exploitation. The program also aims to prevent violence against women and children by raising awareness, promoting gender equality, and strengthening legal and institutional frameworks.

ISWC is implemented through a network of service delivery points, including health facilities, police stations, and community centers. The program uses a multidisciplinary approach, with a team of professionals including doctors, nurses, social workers, and legal experts working together to provide holistic support to survivors of violence.

ISWC has been successful in providing support to women and children who have experienced violence and abuse, including child marriage. The program has also been effective in raising awareness about the negative effects of child marriage and promoting alternatives such as education and economic empowerment. However, the program faces several challenges, including limited resources, inadequate staffing, and limited access to remote and marginalized areas.

Law Enforcement and Agency Steps:

Law enforcement and agency steps are important in addressing the issue of child marriage in Bangladesh. Here are some examples of steps taken by law enforcement and agencies:

1. Establishment of Child Marriage Prevention Committees: The government of Bangladesh has established Child Marriage Prevention Committees in each district to monitor and prevent child marriage. These committees include representatives from government agencies, civil society organizations, and local communities.
2. Training for Law Enforcement Officials: Law enforcement officials, including police officers and judges, have received training on the legal implications of child marriage and how to effectively enforce the law.
3. Hotline for Reporting Child Marriage: The government of Bangladesh has established a hotline to report instances of child marriage. This hotline is operated by the Ministry of Women and Children Affairs and provides a mechanism for people to report child marriage and seek assistance.
4. Child Helpline: The government of Bangladesh has also established a Child Helpline to provide support and assistance to children who are at risk of or affected by child marriage. The helpline is operated by the Ministry of Women and Children Affairs and provides a range of services, including counseling and legal assistance.
5. Community-based Interventions: NGOs and community organizations in Bangladesh have implemented community-based interventions to prevent child marriage. These interventions involve working closely with families and communities to change attitudes and behaviors towards child marriage and promote alternatives such as education and economic empowerment.

These law enforcement and agency steps aim to prevent child marriage, protect girls who are at risk of child marriage, and provide support and assistance to girls who have been married off before the age of 18. They also aim to increase awareness about the legal implications of child marriage and the support available to victims of child marriage.

Police intervention and investigation of child marriage cases

Police intervention and investigation of child marriage cases is an important aspect of enforcing the law against child marriage in Bangladesh. Here are some key steps that police take when investigating cases of child marriage:

1. Receiving and Registering Complaints: Police departments receive complaints from various sources, including the child, family members, neighbors, or community members. The police department registers the complaint and initiates an investigation.
2. Identifying and Locating the Victim: Police officers locate and identify the victim of child marriage and ensure her safety and protection.
3. Gathering Evidence: Police officers collect evidence, including birth certificates, medical reports, witness statements, and other relevant information, to establish the age of the child and whether or not the marriage is legal.
4. Arresting Offenders: If the evidence establishes that the marriage is illegal, the police department arrests the offenders, which can include parents, guardians, and the groom.
5. Filing Charges: The police department files charges against the offenders under the Child Marriage Restraint Act and other relevant laws.
6. Providing Support and Assistance: The police department provides support and assistance to the victim, including counseling, medical care, and legal aid.

In addition to these steps, police officers are also trained to handle cases of child marriage with sensitivity and empathy. They work with social workers and other professionals to ensure that the needs of the victim are addressed and that she receives appropriate support and assistance.

Police intervention and investigation of child marriage cases can be challenging in Bangladesh due to factors such as social and cultural norms, limited resources, and inadequate staffing. However, by enforcing the law and providing support to victims, police can play a critical role in preventing child marriage and protecting girls from its harmful effects.

Legal aid clinics for girls at risk of child marriage

Legal aid clinics for girls at risk of child marriage are an important resource in Bangladesh to protect girls’ rights and prevent child marriage. Here are some key aspects of legal aid clinics:

1. Providing Legal Assistance: Legal aid clinics provide free legal assistance and advice to girls at risk of child marriage, as well as victims of child marriage. They help girls and their families understand their legal rights and options, and support them through the legal process.
2. Advocacy and Awareness Raising: Legal aid clinics also engage in advocacy and awareness-raising activities to promote the rights of girls and prevent child marriage. They work with communities, schools, and other stakeholders to raise awareness about the harmful effects of child marriage and the importance of education and empowerment for girls.
3. Collaboration with Other Agencies: Legal aid clinics collaborate with other agencies, including law enforcement, social services, and NGOs, to ensure a coordinated response to child marriage cases. They also work closely with girls and their families to provide support and assistance beyond legal services.
4. Accessible Locations: Legal aid clinics are located in accessible locations, including schools, community centers, and hospitals, to ensure that girls and their families can easily access their services.

Legal aid clinics are a critical resource for girls at risk of child marriage in Bangladesh. They help to ensure that girls’ rights are protected, that they have access to legal services, and that they receive support and assistance to prevent child marriage.

Child marriage prevention units and social services

Child marriage prevention units and social services are important resources in Bangladesh to prevent child marriage and protect girls’ rights. Here are some key aspects of child marriage prevention units and social services:

1. Identification and Prevention: Child marriage prevention units and social services work to identify girls at risk of child marriage and prevent their marriage. They collaborate with communities, schools, and other stakeholders to raise awareness about the harmful effects of child marriage and to promote girls’ education and empowerment.
2. Support Services: Child marriage prevention units and social services provide a range of support services to girls and their families, including counseling, education, and vocational training. They also work to improve access to health services, including reproductive health care and family planning services.
3. Advocacy and Awareness-raising: Child marriage prevention units and social services engage in advocacy and awareness-raising activities to promote girls’ rights and prevent child marriage. They work with communities, schools, and other stakeholders to raise awareness about the harmful effects of child marriage and to promote girls’ education and empowerment.
4. Collaboration with Law Enforcement: Child marriage prevention units and social services collaborate with law enforcement agencies to prevent child marriage and protect girls’ rights. They work to ensure that laws against child marriage are enforced, and that girls have access to legal services if needed.

Child marriage prevention units and social services play a critical role in preventing child marriage and protecting girls’ rights in Bangladesh. By providing support services, advocating for girls’ rights, and collaborating with other agencies, they help to ensure that girls have access to the resources they need to thrive and reach their full potential.

Monitoring and reporting of child marriage cases

Monitoring and reporting of child marriage cases is an important aspect of preventing child marriage and protecting girls’ rights in Bangladesh. Here are some key aspects of monitoring and reporting child marriage cases:

1. Data Collection: Accurate and comprehensive data collection is critical for monitoring and reporting child marriage cases. Government agencies, NGOs, and other organizations work to collect data on child marriage cases, including the number of cases reported, the age of the girls involved, and the location of the cases.
2. Reporting Mechanisms: Reporting mechanisms are in place to enable girls, their families, and community members to report cases of child marriage. These mechanisms include hotlines, online reporting portals, and community-based reporting systems.
3. Monitoring and Follow-up: Once a case of child marriage is reported, monitoring and follow-up are crucial to ensure that appropriate action is taken to protect the girl’s rights. Government agencies, NGOs, and other organizations work to monitor cases of child marriage and provide follow-up support to girls and their families.
4. Legal Action: In cases where child marriage is reported, legal action may be taken against those responsible for arranging or facilitating the marriage. Government agencies and NGOs work to ensure that laws against child marriage are enforced and that those responsible for child marriage are held accountable.

Monitoring and reporting of child marriage cases is a critical component of preventing child marriage and protecting girls’ rights in Bangladesh. By collecting accurate data, providing reporting mechanisms, monitoring cases, and taking legal action when necessary, we can work to ensure that every girl has the opportunity to reach her full potential.

Challenges and the Need for Further Action:

Despite the progress made in preventing child marriage in Bangladesh, there are still significant challenges that need to be addressed. Some of these challenges include:

1. Deeply ingrained cultural practices and beliefs that perpetuate child marriage.
2. Lack of access to education and economic opportunities for girls, which makes them more vulnerable to child marriage.
3. Poverty and economic instability, which can lead families to see child marriage as a means of financial security.
4. Weak enforcement of laws against child marriage, which can make it difficult to hold those responsible accountable.

To address these challenges, there is a need for further action in several key areas, including:

1. Strengthening implementation and enforcement of laws against child marriage.
2. Promoting girls’ education and economic empowerment to reduce their vulnerability to child marriage.
3. Engaging with communities and religious leaders to shift cultural norms and beliefs around child marriage.
4. Strengthening monitoring and reporting mechanisms to ensure that all cases of child marriage are identified and addressed.
5. Investing in support services for girls at risk of child marriage, including counseling, education, and vocational training.

By addressing these challenges and taking further action, we can work to prevent child marriage and protect the rights and well-being of girls in Bangladesh.

Poverty and social norms perpetuating child marriage

Poverty and social norms are two key factors perpetuating child marriage in Bangladesh. Families living in poverty may see child marriage as a means of financial security, as it can reduce the burden of supporting their daughters and provide them with a source of income through dowries.

In addition, deeply ingrained social norms and practices, such as the belief that girls should be married off at a young age, can also perpetuate child marriage. These norms are often reinforced by community leaders and religious figures, who may see child marriage as a way to preserve cultural traditions and maintain social order.

To address the issue of child marriage in Bangladesh, it is important to address poverty and economic instability, as well as to engage with communities and religious leaders to shift cultural norms and beliefs. By promoting girls’ education and economic empowerment, and investing in support services for girls at risk of child marriage, we can work towards reducing the prevalence of child marriage and promoting the rights and well-being of girls.

Gender inequality and lack of access to education

Gender inequality and lack of access to education are key factors contributing to child marriage in Bangladesh. Girls are often seen as a financial burden to their families, and are married off at a young age in order to reduce the costs of supporting them. Furthermore, girls are often denied access to education, which can limit their opportunities and make them more vulnerable to child marriage.

To address this issue, it is important to promote girls’ education and provide them with the tools they need to succeed. By investing in education and promoting gender equality, we can help to reduce the prevalence of child marriage and empower girls to reach their full potential. This will not only benefit girls themselves, but also their families and communities, as educated and empowered girls are more likely to grow up to be healthy, productive members of society.

The importance of community involvement and engagement

Community involvement and engagement are essential for preventing child marriage in Bangladesh. Cultural norms and beliefs play a significant role in perpetuating child marriage, and it is therefore important to engage with communities and religious leaders to shift attitudes and beliefs around the practice.

Community involvement can take many forms, including awareness-raising campaigns, peer education programs, and dialogue sessions with community leaders. By involving communities in efforts to prevent child marriage, we can promote greater understanding and acceptance of the need for change, and help to ensure that prevention efforts are culturally appropriate and effective.

Engaging with communities can also help to identify girls at risk of child marriage and provide them with the support and services they need to stay in school and delay marriage. This might include providing girls with vocational training and financial support, as well as counseling and legal assistance.

Overall, community involvement and engagement are crucial for preventing child marriage in Bangladesh, and must be an integral part of any comprehensive strategy to address the issue.

Conclusion

In conclusion, child marriage remains a significant issue in Bangladesh, with deep-rooted social norms and poverty contributing to its prevalence. However, there have been important steps taken by the government, law enforcement agencies, civil society organizations, and community members to address the issue and prevent child marriage.

The Child Marriage Restraint Act of 2017 has established legal penalties for those who facilitate or participate in child marriage, and there have been efforts to raise awareness about the negative impact of child marriage on girls and their communities. Programs promoting girls’ education and economic empowerment, as well as legal aid and social services for girls at risk of child marriage, have also been implemented.

Despite these efforts, however, much more needs to be done to prevent child marriage in Bangladesh. Addressing poverty, promoting gender equality, and engaging with communities and religious leaders to shift cultural norms and beliefs are all critical components of a comprehensive strategy to prevent child marriage.

Ultimately, preventing child marriage is not just a legal or social issue, but a human rights issue. By promoting the rights and well-being of girls in Bangladesh, we can help to build a more just and equitable society for all.