I READ with concern the statement by Deputy Prime Minister Dr Wan Azizah Wan Ismail, who also holds the women, family and community development portfolio, that seven states have refused to amend enactments, to raise the minimum marriage age for Muslim girls to 18 years.

It is hoped that the government’s efforts to holistically address the issue of child marriage will soon bear fruit. As has been stated by child rights coalition Girls Not Brides: “Child brides are neither physically nor emotionally ready to become wives and mothers. They face more risk of experiencing dangerous complications in pregnancy and childbirth, contracting HIV/AIDS, and suffering domestic violence. With little access to education and economic opportunities, they and their families are more likely to live in poverty.”

While it is good that the government is trying to raise the minimum marriage age to 18 years, and is trying to convince the resistant seven states to follow suit, we must also ensure that everything possible is being done to stop child marriage. This requires a multipronged approach, as legislation alone cannot change mindsets.

To properly address the issue of child marriage, the government must look at its root causes, which include education and poverty, as well as societal norms regarding girls’ sexuality and virginity. Any holistic plan to address child marriage must include engagement with the community, as well as a study of the legal structures that allow such marriages to continue. These programmes can commence immediately.

We are pleased to note that the DPM has said a national strategic plan to address the issue is in the final draft stages. It is hoped that it will be completed and released soon.

Efforts in other countries, such as Ethiopia, India and Egypt, include programmes targeted at girls aged 10 to 19 that educate them on reproductive and sexual health, communication and decision-making, among others. These programmes also involve community discussions about child marriage, including its causes and consequences, and alternatives to marriage.

In Malaysia, some cases of child marriage occur because of teen pregnancies. The young couple marry to avoid the baby being declared illegitimate, as this has legal consequences in terms of inheritance rights. The laws regarding illegitimacy must be reviewed to ensure that families do not feel pressured to compel children to marry before they are ready.

There are immediate legislative steps that the government can take. One such step was suggested by Andrew Yong, a member of the legal support team of the Institutional Reforms Committee. He proposed that the marriage exception to statutory rape in Section 375 of the Penal Code be removed (with an amendment to provide for “Romeo and Juliet” cases, where both individuals are teenagers).

At the very least, this will provide protection for girls under 16. The Penal Code falls within the government’s purview (federal list), therefore, there is no impediment to Putrajaya immediately proceeding to amend the law.

Above all, the Pakatan Harapan administration must be unequivocal in its stand against child marriage, and must show the political will to address the matter quickly and effectively. While we prevaricate, we are exposing our children to the possibility of physical danger every day.

Surely, that is reason enough to act immediately. – November 21, 2019.

* Ambiga Sreenevasan is a commissioner of the International Commission of Jurists and former Bar Council chairman.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.