Lalitpur, 18 February: Emphasis has been placed on the practical application and effective implementation of existing acts, laws, and policies to end child marriage.
Participants in a discussion on ‘Status of Legal Provisions and Implementation Regarding the Age of Marriage’ organized by the National Human Rights Commission here on Monday said that emphasis should be placed on implementing effective laws and conducting awareness-raising programs targeting communities and classes that are prone to child marriage.
The participants emphasized that the age of marriage should be maintained at 20 years rather than lowering it to 18 years, expressing their belief that this would improve the physical, mental, and educational levels of adolescents and help reduce child mortality and maternal mortality rates.
Deputy Speaker Indir Rana said that it is necessary to provide timely knowledge about the social environment and education to both sons and daughters to reduce child marriage. He opined that ending gender discrimination is everyone’s first duty as gender inequality is also a factor in child marriage. He said that the government should increase investment in the education and health sectors and stressed the need for strict implementation of existing laws against child marriage.
The program was conducted in two phases, with group and open discussions. Earlier, Commission Secretary Murari Prasad Kharel spoke on the issue of ‘Child Marriage’. He presented a working paper on ‘Status, Arrangements, Challenges and Role of Concerned Agencies’.
Kharel informed that 35.1 percent of Nepalese people get married for the first time before the age of 18 and 50 percent get married for the first time between the ages of 18 and 20. Stating that child marriage is high in Dhanusha, he mentioned that the lowest child marriage rate was found in Manang.
“Based on geographical regions, 36.6 percent of people in the Terai get married before the age of 18 and 49.9 percent between the ages of 18 and 20. In the hilly regions, 33.1 percent get married before the age of 18 and 49.9 percent between the ages of 18 and 20. In the Himalayan regions, 32.6 percent get married before the age of 18 and 53.1 percent between the ages of 18 and 20 are married,” he said.
Kharel said that the main reasons for child marriage include lack of public awareness regarding the punishments to be faced in case of child marriage, weak implementation of existing laws, weak economic condition, poverty and traditional thinking, political and social instability, lack of action, low educational level, gender humiliation, and considering bride donation as a virtuous act.
He said that the following are necessary measures to reduce child marriage: mobilizing families and communities to reduce child marriage; mobilizing various groups in the community (mothers, consumers, adolescents, and women) and religious figures, astrologers, priests, and fortune tellers to inform and mobilize them against child marriage and to refrain from dowry transactions; strengthening and implementing laws and policies; aligning laws and policies addressing child marriage with the constitution and international law; increasing the number of representatives of bodies implementing laws related to child marriage; and giving high priority to judicial action against child marriage.
Meena Sharma, head of the National Campaign for Children’s Peace, said that 36.6 percent of women in the 20-24 age group in Nepal are married before the age of 18, while only 11 percent of men are married before the same age. According to her, 10.4 percent of girls are married before the age of 15.
“Article 39 (5) of the Constitution of Nepal has ensured the right of children against child marriage and illegal trafficking as a fundamental right. Child marriage has been banned by considering it punishable under federal law and has ensured the right of children who are victims of such acts to receive compensation from the perpetrators as per the law. However, due to the failure to implement these laws effectively, child marriage has not been reduced,” Sharma said.
Stating that the Child Labor Prohibition and Regulation Act, the Free and Compulsory Education Act, the Rape Act, and the Reproductive Health Act have discouraged child marriage, he said that the issue of reducing the age limit for child marriage is serious and that necessary discussions should be held with all concerned. He stressed that instead of reducing the age, the existing law should be strictly implemented effectively by keeping the age of marriage at 20 years.
Ranju Jha, a member of the House of Representatives who participated in the group discussion, mentioned that based on the interactions conducted by a team of experts in the Far West, Madhes and Lumbini provinces, it was found that the marriage age should be reduced from 20 to 18. He informed that the Law, Justice and Human Rights Committee, including civil society, public representatives, representatives of various concerned bodies, and legal experts, received suggestions to reduce the marriage age to 18.
MP Jha opined that it would not be appropriate to apply the same rules in all sectors as this issue is also linked to social structure and tradition. Stating that child marriage can be reduced by creating education, awareness and employment opportunities, he said that it is everyone’s responsibility to remove legal and practical obstacles through comprehensive discussions and take the society on a smooth path, so close cooperation and coordination are necessary.
Dr. Tarak Dhital, who has been active in the field of child rights for three decades, said that lowering the age of marriage is a negative move for the society as the law directs the society. “If the mother is educated, the learning level of the child will be doubled, so emphasis should be placed on education. As child marriage hinders the development of the child, family and the nation, it is the responsibility of the state, society, family and all concerned bodies to prevent child marriage,” he said.
Social activist Bhavana Bhatta said that it is necessary to increase public awareness and create employment opportunities as child marriage is taking place due to economic, religious, social, educational and poverty reasons. She expressed the view that the age of marriage should be maintained at 20 years as child marriage can also increase the incidence of suicide.
“In Darchula, some time ago, after a 17-year-old girl and a 21-year-old boy got married, the boy was beaten up under pressure from his family. Later, after the boy was imprisoned, the girl committed suicide out of humiliation. It is necessary to provide education in time to prevent such incidents from happening,” he said.
Kabita Aryal, head of the Senior Citizens and Gender-Based Violence Management Branch under the Department of Health Services, opined that it is not appropriate to lower the age of marriage as child marriage has a serious impact on women’s health. In addition to mental health, reproductive health, uterine problems, eye problems, premature birth, children born before the mother’s age are immature, unhealthy, have malnutrition problems, and are stunted. Therefore, marriage after the age of 20 is a suitable option, she said.
The participants in the open discussion expressed the view that since child marriage occurs due to economic, social, cultural, religious, and geographical reasons, all three levels of government should launch an integrated program to address these issues. Most speakers said that it would be appropriate for a girl to marry only after she reaches the age of 20 due to health, education, and psychological conditions. It was emphasized that a law should be introduced to allow marriage only after the girl is capable in social, economic, health, and educational fields.
The program, chaired by National Human Rights Commission member Lily Thapa, was attended by Deputy Speaker Rana, heads of various constitutional commissions, ministers, parliamentarians, members of various committees under the House of Representatives, representatives of political parties, legal professionals, human rights activists, social activists, journalists, and others.
