Child brides are not ready to become wives, mothers

COMMENT| I read with concern the statement by Deputy Prime Minister and Women, Family and Community Development Minister Dr Wan Azizah Wan Ismail, that seven states in Malaysia have refused to amend state enactments that would raise the minimum age of marriage to 18 years for Muslim girls.

It is hoped that the govt’s efforts to address the issue of child marriages holistically will soon bear fruit. 

Child rights coalition, Girls Not Brides, stated that child brides are neither physically nor emotionally ready to become wives and mothers. 

"They face more risk of experiencing dangerous complications in pregnancy and childbirth, contracting HIV/AIDS and suffering domestic violence.

"With little access to education and economic opportunities, they and their families are more likely to live in poverty," the coalition said.

Whilst it is good that the gov't is doing their part in finding a solution, we must also ensure that everything possible is being done to stop child marriages. 

This requires a multi prong approach as legislation alone cannot change mind sets.

To properly address child marriages, the gov't must also address the root causes which include education and poverty, and also societal norms regarding girls’ sexuality and virginity. 

Any holistic plan to address child marriages, therefore, must include programmes to engage with communities on these issues, in addition to addressing the legal structures that allow child marriages to continue. 

These programmes can commence immediately.

We are pleased to note that the Deputy Minister Hannah Yeoh has said that a National Strategic Plan to address child marriages is in the final stages of drafting and it is hoped that it will be completed and released soon.

Efforts in other countries such as Ethiopia, India and Egypt include programmes targeted at girls aged 10 to 19, that provide education about subjects such as reproductive and sexual health, communication and decision-making.

The programmes also involved community discussions about child marriage, including its causes and consequences, and alternatives to marriage.

Some child marriages occur in Malaysia due to teenagers becoming pregnant and the young couple marrying to avoid the baby being declared illegitimate, which has legal consequences in relation to inheritance rights. 

The laws regarding illegitimacy must therefore also be reviewed to ensure that families do not feel pressured to compel their children to marry before they are ready.

There are immediate legislative steps within the Federal Government’s power that are possible. 

One such step was suggested by a member of the legal support team of the Institutional Reforms Committee Andrew Yong. 

He proposed that the marriage exception to statutory rape in Section 375 of the Penal Code be removed (with an amendment to provide for “Romeo and Juliet” type cases where both individuals are teenagers). 

At the very least this will provide protection to girls under 16. The Penal Code falls within the purview of the federal gov't and therefore there is no impediment to the gov't proceeding immediately to amend the law.

Above all, the Pakatan Harapan government must be unequivocal in its stand against child marriage and must show the political will to address it quickly and effectively. 

While we prevaricate, we are exposing our children to the possibility of physical danger every day. Surely that is reason enough to act immediately.

AMBIGA SREENEVASAN is a former Bar Council chairperson and a Commissioner of the International Commission of Jurists.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.