Heng to DPM: Classify child marriages as a criminal offence under federal law to demonstrate govt’s determination to safeguard child’s rights & interests

Deputy Prime Minister cum Minister of Women, Family and Community Development Dato’ Seri Dr Wan Azizah’s handling of the child marriage cases in Kelantan is regrettable and disappointment, as she has yet to keep to her promise to increase the legal marriage to 18 years. 

A country cannot have two legal systems, especially on the issue of safeguarding the basic rights and interests of minor children, as violations against minor children have far-reaching implications and thus legislations and enforcement must not be delayed anymore. While religion is a state matter, child marriages, sexual violations against underage children should not be categorised as a religious/state matter. There must be urgency in enacting legislations to protect children’s rights and safety.

Even more complicated and confusing is that the legal age to marry is determined by the respective state governments and state religious authorities. It is imperative that the Federal Constitution should be amended to have uniformity in the legal marriage age, so that the minimum legal age to marry is raised to 18 years for females and males, and thus resolves the problems associated with child marriage once and for all.

This is because, in accordance with the provisions under the Federal Constitution, if the state Constitution conflicts with federal law, federal law takes precedence.

In view of the child marriage cases that have been exposed in the past few months, Dr Wan Azizah, despite simultaneously holding the Women, Family and Community Development portfolio, has failed to defend the rights of minors, but instead shirked the responsibility as coming under state Syariah court.

Besides that, Deputy Women’s Minister Hannah Yeoh had informed that the federal government must speak to the state governments to achieve the goal of standardising the legal marriage age in the country. She also mentioned that UNICEF polls show that 95% of respondents are against child marriages. Statistics from 2007 to 2017 show that there were 10,000 cases of Muslim child marriages and 4,999 child marriage cases among non-Muslims.

If Hannah Yeoh realises the seriousness of the child marriage case, why does she not move further from mere announcement to take action? Is her responsibility limited to just announcing but not solving the problem? Is her announcement just cheap political propaganda without any intention nor effort to take action to help the victims?

Wanita MCA reiterates our stand that child marriages should be categorised as a criminal offence under federal law. Irrespective of race or religion, child marriage must be strictly prohibited, in order to demonstrate our determination to defend children's safety and rights.

We support any proposals to render child marriage a criminal offence under federal law, either in Section 611 of the Children's Act 2001, Section 792 of the Sexual Offences Against Children Act 2017 or in the Penal Code.

After all, safeguarding children's safety and rights is the common social responsibility of everyone and the common mission for all of us.

Datuk Heng Seai Kie
Wanita MCA Chairman

-MCA online-