CHILD marriages condemn our young girls to a life of misery and pain. They face tremendous physical and emotional pressure. They are deprived of their basic right to education and job opportunities. They risk their health because of reproductive problems and sexual abuse.
The recent cases in Kelantan where 10 and 11 year-old child brides were forced to marry men in their forties caused a public outcry. We also know of young girls eloping with Indonesian men to Lombok. Shockingly, we discovered that child marriages were common amongst the Indian community in rubber estates in Negeri Sembilan.
It appears that the phenomenon of child marriages is not as isolated as previously thought. How can these outrageous acts occur in 21st Century Malaysia? Do children get married because of ignorance, family pressure, or cultural and social pressures? How have we failed our children?
The priest at the Mariamman Hindu temple on the Geddes Estate said he had ‘solemnised’ five child marriages which were never registered and were purely symbolic. He also knew of other teenagers who had eloped.
He mentioned that some girls lacked identity cards or birth certificates, that they were school-dropouts, that their families were absent at the marriage and that some girls were pregnant.
According to the 2000 Census, 11,400 children below 15 years of age were married - 6,800 girls and 4,600 boys. Of the 6,800 girls, only 2,450 were Malay. Under Malaysian law, a Muslim girl under 16 can marry, provided the syariah court gives its consent.
Life of misery and poverty
Of the remaining 4,350 girls who got married, there were non-Malays comprising 1,550 other Bumiputera, 1,600 Chinese, 600 Indians, and 600 others.
Under the Law Reform (Marriage and Divorce) Act, which applies to non-Muslims, marriage is allowed only for people 18 years and above. However, a girl aged 16 years and above may marry, conditional upon a licence being obtained from the chief minister or menteri besar.
If it is difficult for a Muslim girl under 16 to get married; it is almost impossible for a non-Muslim girl under 16 to get married at all. Therefore, a marriage licence obtained from the relevant minister is deemed illegal as there are no legal provisions for a non-Muslim under 16 years to get married.
Children who marry young, live a life of misery and poverty, and leave their children the same sad legacy. They cannot afford education, basic health-care and a decent living. They cannot make a useful contribution to their community. Without an identity card, they open themselves to future problems.
How did we get to this stage? What happened to our welfare reforms, and education? What about care in the community?
It would be highly irresponsible for us to ask why MIC did not do anything about the child marriages among the Indian community in the estates.
Hardcore poor Indians
On the other hand, perhaps MIC should have been more aware and reached out to the hardcore poor Indians.
Malaysians are only too aware that political parties only become visible just before an election.
But where were the community leaders? Or village heads? What about the body that looks after the welfare of the 'estate people'? Why did the temple committee not alert the relevant authorities?
Why did the parents keep mum? What about the schools? Were teachers not concerned when children were absent?
Have Malaysians descended to depths of apathy?
This problem of child marriages is a Malaysian problem. It needs a Malaysian solution. It should not be dependent on one political party to solve it.
The state needs to play a more active role. For a start, the various loopholes which permit child marriages must be removed, then, the flaws addressed and the law enforced strictly.
Both the Convention on the Rights of the Child and the Child Act define a child as a person below the age of 18. How does one explain the 11,400 children below 15 years of age (in 2000 census) who were married?
More must be done. We have a duty to protect our children.
* The views expressed here are those of the writer and do not necessarily represent the views of Malaysian Mirror and/or its associates.blog comments powered by Disqus
CHILD marriages condemn our young girls to a life of misery and pain. They face tremendous physical and emotional pressure. They are deprived of their basic right to education and job opportunities. They risk their health because of reproductive problems and sexual abuse.
