Forced Marriages in Pakistan: A Critical Legal Analysis of Legislative Frameworks and Their Effectiveness in Addressing Socio-Cultural Practices Within a Patriarchal Context

Abstract

Forced marriages is a very serious human rights issue in Pakistan, particularly affecting women and girls across different social, cultural and economic backgrounds, Although, many laws have been enacted at provincial and federal level that aimed to prevent forced and child marriages, this study argues that the existence of legislation has not translated into meaning protection at grass-root level. Through a doctrinal and socio-legal methodology, the research critically analyse the Child Marriage Restraint Act 1929 alongside Sindh Child Marriage Restraint Act 2013, the Balochistan Child Marriage Restraint Act 2025, and the Punjab Child Marriage Restraint Act 2026 and examine their consistency with the Article 25 of the Constitution of Pakistan and Pakistan’s obligations under CEDAW and the CRC. This research, further examines how deeply rooted customary practices such as vani, watta-satta, walwar and Jirga based decisions hinders the effective implementation of these laws. By using socio-legal theoretical framework the study also examines the relationship between law and gender based structures that contribute to the continuation of forced marriages.  Judicial decisions including Mumtaz bibi v Qasim and Mst Bakhshi v Bashir Ahmad show judiciary response to forced and underage marriages. The recent cases highlights that legislative and judicial progress does not align with practical reality. The study concludes that uniform legislation, strong enforcement mechanisms, and engagement with socio-cultural structures are important to tackle this problem and therefore recommends reform in these areas.