27/08/2025
Should the age of marriage (and therefore the protection of children) really depend on which province they are born in?
Child Marriage Laws in Pakistan: A Patchwork in Need of Uniformity
Earlier this year, the Islamabad Capital Territory Child Marriage Restraint Act, 2025 introduced a uniform minimum marriage age of 18 for both boys and girls, replacing the nearly century-old 1929 law for the capital.
However, Pakistan still faces a provincial divide:
• Sindh: Minimum marriage age is 18 for both boys and girls under the Sindh Child Marriage Restraint Act, 2013.
• Punjab, Khyber Pakhtunkhwa, and Balochistan: The 1929 Act remains in force, setting the minimum age at 16 for girls and 18 for boys.
This disparity has significant consequences. A girl deemed a child bride in Karachi may legally be considered a wife in Lahore. Such inconsistency undermines protection against early marriage and complicates enforcement across provincial lines.
Why This Matters for the Legal Community:
• The Islamabad and Sindh reforms highlight growing recognition of child marriage as a human rights and criminal justice issue.
• For practitioners, the lack of harmonization means advising clients on family law, criminal liability, and constitutional rights remains complex.
• It also raises constitutional questions of equality under Article 25 and whether Parliament should intervene to ensure uniform minimum marriage ages nationwide.
Our View at Gajani & Shar:
We believe Pakistan is at a turning point. With reforms in Sindh and Islamabad setting higher benchmarks, there is a compelling case for other provinces to follow suit. Until then, lawyers, judges and policymakers are bound to use a fragmented framework: where the place of residence can determine the scope of a child’s protection.
A coherent, nationwide approach would not only strengthen child protection but also reduce conflicting interpretations in family and criminal courts. It would ensure that every child in Pakistan enjoys equal safeguards, regardless of geography. As legal professionals, we encourage continued dialogue and legislative reform aimed at building a uniform, rights-based framework, one that prioritizes the welfare of children across the country.
