The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh

Abstract

This dissertation contains the study conducted by the researcher as a part of his master’s thesis. The study examines the status and effectiveness of the Mobile Court Act, 2009 to restrain the propensity of child marriage in Bangladesh based on the experience of one Upazilla, named Ishwarganj, Mymensingh. Child marriage is a social curse. It is detrimental to a girl’s physiological and mental development. It is also harmful for the society as well as for the country. Child marriage is prevalent in Bangladesh in general and rural areas in particular. To reduce the extent of child marriage, Bangladesh government tries in various ways such as motivation, awareness building and enacting law. Child Marriage Restraint Act, 1929 was enacted and put into practice to stop child marriage. Under the Child Marriage Restraint Act (1929), the legal age of marriage in Bangladesh is 18 years for a female and 21 years for a male. Penalties for child marriage according to the Act are imprisonment for one month or a fine of up to 1,000 taka ($ 11.76) or both. Any adult or guardian arranging and permitting child marriage can be convicted under the law. Girls cannot be sentenced to imprisonment under the provision of law. This act has failed to create an effective impact to reduce child marriage in Bangladesh. The government understood the failure. To overcome this problem, government included this law under the schedule of Mobile Court act 2009. Mobile Court brings a new dimension and a significant paradigm shift in the enforcement of laws in Bangladesh to restrain the propensity of child marriage. Later in 2017, Government has passed Child Marriage Restraint Act, 2017. The current law in Bangladesh is the Child Marriage Restraint Act, 2017 (CMRA) repealing the earlier British law of 1929. The Act sets the minimum age of marriage for a male as 21 years and for a female as 18 years. CMRA criminalizes contracting, allowing, or solemnizing of a child marriage. In 2018 the Child Marriage Restraint Rules had been also formulated providing details of the formation and responsibilities of the Child Marriage Prevention Committees, along with other functional details. Again, Government included Child Marriage Restraint Act, 2017 under the schedule of Mobile Court act 2009. After the enactment of Mobile Court Act, 2009 executive magistrates conduct mobile court to stop child marriage in their local jurisdiction. At the Upazilla level Upazilla Nirbahi Officer vi

(UNO) and Assistant Commissioner (Land) enjoy and enforce executive magistracy power. Their relentless effort makes many Upazilla child marriages free. Likewise, the researcher conducted a survey on the people of Ishwarganj Upazilla having diverse socio-economic profile. A part of the survey was also conducted on the children who were saved from the curse of child marriage. Now Ishwarganj Upazilla is a child Marriage free Upazilla. By closely observing the activities of executive magistrates in conducting mobile court, the researcher received the fundamental ideas of how this change achieved. The researcher formulated a theoretical framework to analyze the collected information.

Analysis of primary data revealed that most of the children who were saved from the marriage were satisfied with the active, effective and timely initiative of executive magistrate’s mobile courts. The respondents opined that without the intervention of mobile court none could save them from child marriage. Mobile Court Act, 2009 gives the executive magistrates power to stop child marriage and punish those who are involved with child marriage. Upazilla Nirbahi Officer (UNO) and Assistant Commissioner (Land) also apply their administrative power, image and capability against child marriage. Even they are able to create a movement against child marriage. In the study area, it is found that now people are more aware of the harmful effect of child marriage. Meeting, seminar, motivational campaign, active participation of student council, information network and over all exemplary punishment given by mobile court make the people conscious and aware about detrimental effect of child marriage. Family violence and maternal death rate has reduced in this locality. From both service providers and service seekers perspective it is proved that “Mobile Court Act-2009” is an important and effective means against child marriage. Most of the respondents of all cluster termed “Mobile Court Act-2009” as a people friendly act rather a coercive one.