A three-year-old child should be playing, learning and growing under the protection of her family. She should not be discussed as a bride or treated as part of a financial arrangement.The recent case reported from Kuchlak, Balochistan, in which the father of a minor girl was arrested after she was allegedly married to an elderly man, has once again brought the issue of child marriage into public attention. Police said they were investigating the case and pursuing others allegedly involved, while the Balochistan chief minister directed authorities to investigate the matter and take action.The details of this particular case must be established through investigation and due process. However, the incident raises a much larger question: why does child marriage continue despite laws intended to protect children?
More Than a Question of Money
It is easy to explain such incidents simply as the result of poverty. Economic hardship can certainly make families vulnerable, but child marriage cannot be understood only through money.When a harmful practice continues for generations, it can become normalized as tradition. What should be recognized as a violation of a child’s rights may instead be treated as a family, tribal or community matter.Tradition, however, cannot be a justification for denying a child her basic rights.A three-year-old cannot understand marriage, give meaningful consent or decide her future. The responsibility therefore belongs to the adults and institutions that are supposed to protect her.
Balochistan has taken an important legal step through the Balochistan Child Marriages Restraint Act, 2025, which sets 18 as the minimum age of marriage and applies throughout the province. The Act also makes clear that puberty or physical appearance cannot be used to treat a child as an adult.Pakistan’s broader legal framework also contains protections relating to forced marriage and the rights of women and children. Internationally, Pakistan is a party to the Convention on the Rights of the Child (CRC) and CEDAW, both of which provide important protections concerning children’s rights, equality and marriage based on free and full consent.The existence of these laws makes one issue particularly important: enforcement.
What Is the Role of the Authorities?
Police, district administrations, courts, prosecutors and child-protection institutions must do more than respond after a case becomes public. Authorities should work to prevent child marriages when credible information is received, properly verify the age of individuals seeking marriage, register and investigate complaints promptly, and prosecute those who facilitate unlawful marriages. They must also provide children with safe accommodation, education, and legal and social support, while ensuring that influential individuals cannot prevent the formal justice system from operating. A law written on paper cannot protect a child if officials fail to enforce it.
Jirgas and the Sardari System
Another difficult issue is the influence of informal systems of authority.The Supreme Court of Pakistan has made clear that jirgas and panchayats cannot assume the powers of courts or issue decisions in matters that fall within the formal justice system. Their social influence cannot replace the authority of the Constitution, police and courts.
Similarly, Pakistan’s System of Sardari (Abolition) Act, 1976 abolished the formal Sardari system and restricted the exercise of authority and privileges based on being a Sardar. Therefore, the long-term solution is not simply to condemn individual families. The state must ensure that no tribal, customary or informal authority is allowed to override the rights guaranteed by Pakistani law.
Ending the Cycle
Child marriage will not disappear through legislation alone. Poverty, lack of education, social pressure and deeply rooted customs must also be addressed.But the first requirement is equal enforcement of the law.A child should not need to belong to a powerful family or live in a major city to receive protection. Her rights should be the same whether she lives in Quetta, Kuchlak or a remote village.The recent Balochistan case should therefore not become another headline that disappears after a few days. It should force authorities and society to confront a deeper problem: when tradition, poverty and informal power are allowed to stand above the law, children pay the price.
A three-year-old is not a bride.
She is a child and the first responsibility of a society is to protect her.
Hira Fatima
Hira Fatima is a young Political Science Scholar. She has keen interest in politics, governance, and social issues, with a special focus on global politics.
