Let progressive sensitivity prevail

www.phrplanbd.org

ACCORDING to the report of United Nations Population Fund (UNFPA), Bangladesh secures the third highest rate of child marriage around the globe consisting 66% which represents also the highest percentage in South Asia.  Recent UNICEF report also revealed that in every three marriages two are found to be held where the age of brides are less than 18 years old.  53% of urban children are at risk, and the figure is even higher at 70% in rural areas.  It has been forecasted that in line with the global trend the number of child brides under the age of 15 will reach about 50 million by 2020 and will cross 100 million by 2030.

In the context of Bangladesh the percentage of child marriage is nothing new rather it is deeply embedded in the 'organised' traditional cultural settings. And the consequences often borne by the child brides at the cost of their lives let alone their dreams and future.

Much ink has been spent to bring the issue limelight and the make the concerned accountable, but the reality somehow disfavoured us. The history of legal battle to combat child marriage bears colonial legacy which are often found not to be compatible with our present context. It was argued that fighting against child marriage is often disrupted with the utmost following of personal laws particularly Muslim Personal Laws.

My simple question is can a law takes away the freedom of individuals? Does a law allow discrimination? Can a law be the source of oppression and exploitation?

For this answer if we look back to the Muslim Personal laws, most of the principles are enunciated based on the then context. Now another question is should we follow that principles even if it creates discrimination? The orthodox interpretation of Muslim personals might not be affirmative here.

But the progressive interpretation of any law urges that law must be changed with the change of the context of a society. The careful reading of religious teachings also echoed with this tuning and it further stressed that religious teachings has inbuilt progressive tools to integrate human rights standards considering the changes of society.

It is true that we the people of Bangladesh being mostly Muslims are more aware about our religious feelings and any attempt to amend personal laws see a roar of hue and cry. Yes as a human being we have religious freedom but do that freedom or religious sentiment can take away the lives of innocent children being the victims of early marriage?  

This question should be duly considered by our law making bodies considering the present context.  But it is a matter of shocking as well as a source of laughing stock that our law making bodies are considering to reduce the marriageable age taking into account the 'emerging socio-economic conditions.'  

While the numbers of reports reveal the worst scenario of child marriage and its hazardous consequences, our law makers are found to be in a different insensible approach to combat child marriage.

Under the constitution of Bangladesh we are supposed to believe that parliament members being entrusted to make laws represent the 'people' of Bangladesh. But in our context it is undeniable truth that people's voice never heard or even undermined by the dominant will of individual parliament members. This ultimately reflects their solemn expression rather than the people's solemn expression particularly in terms of law making process.

In this backdrop law makers should come forward to make progressive laws at least for the sake of their obligations, though not for the sense of humanity. Law relating to child marriage should be drafted with due care and attention considering the progressive tools of personal laws and its compatibility with present context. Law should see maximum balance between religious feelings and the agony of victims of early marriage ignoring any kind of discriminatory practice.

Law makers are not only obliged to make laws but also have obligations to supervise the implementation of laws. In this regard parliament members can empower the members of local government to prevent child marriages in their respective localities. A monitoring cell can be set up in the local government office to monitor the occurrence of child marriage, to launch campaign against child marriage, the activities of which may be supervised by the parliament members of that concerned area.

In line with this, the pragmatic approach of the parliament members can ensure the sensible drafting of law preventing child marriage and at the same time can save a large number of dreams from the evil practice of early marriages.

The writer is Lecturer of Law, Eastern University