The draft of the Child Marriage Restraint Act has been finalised with the provision of a maximum two-year jail sentence and Tk50,000 fine for violation of the law.
The Women and Children Affairs Ministry has prepared the draft after consulting with all stakeholders concerned. It will be sent to the cabinet division soon and be placed in the cabinet meeting later for vetting.
“The draft will be corrected as per the directions of the cabinet, if needed,” Information Officer Mohammad Abul Khayer told the Dhaka Tribune on Thursday. The Dhaka Tribune correspondent has obtained a copy of the draft act.
According to the proposed law, anyone under 18 would be considered as child and a male person under 21 or a female person under 18 will be considered as minor.
It stipulates that the marriage with a male under 21 or a female under 18 or minor male or female with adult male or female will be considered as child marriage.
The offence also carries a minimum sentence of six months with Tk10,000 fine or both for violation of the law.
As per the law, adult persons, both male or female, who will marry a minor boy or girl, the persons who will register child marriage, the parents or guardians who will force their children or fail to prevent child marriage and the officials who will issue false certificates will be brought to justice.
Any kinds of affidavits to prove the age would not be acceptable for marriage registration, the draft law said.
The marriage would be cancelled if it’s proved that it was a child marriage. The victims of child marriage would get compensation from other parties. The court would settle the compensation issue.
According to the law, the upazila level administrators like upazila nirbahi officers, executive magistrates, upazila women affairs officers, upazila social welfare officers, upazila secondary education officers or officers-in- charge of local police stations will inform the courts about child marriage immediately after they get information.
The courts will have the authority to impose a ban on child marriage after getting any complaint or information from any other sources. The courts will also have the authority to withdraw the ban if they are satisfied with the statements of the authorities concerned.
The law also keeps the provision of giving back the assets or the gifts that would be given to the parties in case of cancellation of the marriage.
The law has proposed forming a child marriage prevention committee comprising public servants, local public representatives, representatives of non-governmental organisations and civil society members. The committee will launch campaign to create awareness among the people to prevent child marriage.