News Desk:
Sindh Assembly Deputy Speaker Anthony Naveed has written separate letters to the Federal Minister for Law and Justice and the Speaker of the National Assembly, calling for urgent enforcement of child protection laws and immediate review of legal gaps highlighted by the recent Maria Shahbaz case.
In his correspondence, Naveed underscored that ambiguities in existing child marriage laws are being exploited, enabling perpetrators to claim custody of minor girls under the pretext of marital rights. He urged both offices to take decisive legislative and institutional action to safeguard minors and uphold constitutional protections.
Addressing the Federal Minister for Law and Justice, Naveed pointed to the recent judgment of the Federal Constitutional Court, stating that it has exposed serious shortcomings in the enforcement of child protection laws, including the Islamabad Capital Territory Child Marriage Restraint Act, 2025.
He emphasized that child marriage restraint laws across Pakistan were enacted to protect minors and secure fundamental rights guaranteed under Articles 9, 14, 25, and 25-A of the Constitution. These laws, he noted, have already been declared consistent with Islamic injunctions by the Federal Shariat Court in its reported judgments (2022 PLD 1 FSC and 2023 PLD 265 FSC), reinforcing the need for their strict implementation.
However, Naveed highlighted a critical legal gap identified in the court’s recent ruling: while child marriage laws criminalize the act, they remain silent on the legal validity of a Nikah involving a minor.
According to the letter, this ambiguity is being misused by violators to assert conjugal rights and retain custody of underage girls.
He further drew attention to the link between child marriage and cases of abduction and forced conversion, particularly affecting girls from minority communities. Such practices, he argued, directly contravene constitutional guarantees under Articles 20 and 36, which ensure religious freedom and protection of minorities.
Naveed proposed that all provincial and territorial laws be aligned with Section 7 of the Balochistan Child Marriage Restraint Act, 2025, which explicitly declares certain marriages involving minors as void ab initio. He stressed that harmonizing legislation would remove ambiguity and prevent misuse of legal loopholes.
In a separate letter addressed to the Speaker of the National Assembly, Naveed reiterated concerns that the Maria Shahbaz case has exposed weaknesses in the enforcement of laws protecting children and minority rights, and has created fear among minority communities while undermining public trust in state institutions.
He called for the full and impartial implementation of existing laws, free from social pressure or bias. Additionally, he urged the National Assembly to establish a special parliamentary committee to review post-legislative impacts and identify gaps—particularly regarding the dissolution of marriages in cases involving child marriage or forced conversion.
The letter emphasized that such a review is essential to protect vulnerable minors, prevent injustice, and strengthen confidence in legal and institutional frameworks.
Naveed concluded that strict enforcement of child protection laws, along with urgent legislative review and clear provisions for dissolving illegal marriages involving minors, is critical to safeguarding children, protecting minority rights, and reaffirming the state’s commitment to justice, equality, and the rule of law.