STATUS OF MARRIAGE & DIVORCE REGISTRATION IN SOUTH ASIA REGION - - PowerPoint PPT Presentation

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STATUS OF MARRIAGE & DIVORCE REGISTRATION IN SOUTH ASIA REGION - - PowerPoint PPT Presentation

Dec 02, 2022 35 likes •233 views

STATUS OF MARRIAGE & DIVORCE REGISTRATION IN SOUTH ASIA REGION ISAAC K. NYAMONGO THE COOPERATIVE UNIVERSITY OF KENYA Introduction 10 Events for which data is needed Live Birth Death Fetal Death Of the top five, Marriage

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STATUS OF MARRIAGE & DIVORCE REGISTRATION IN SOUTH ASIA REGION

ISAAC K. NYAMONGO THE COOPERATIVE UNIVERSITY OF KENYA

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Introduction

A credible CRVS is central to development agenda of any country ✓ Death ✓ Marriages ✓ Live Birth ✓ Divorce Of the top five, Marriage and Divorce records generally most wanting ✓ Fetal Death ✓ Annulment ✓ Separation ✓ Legitimation ✓ Recognition ✓ Adoption 10 Events for which data is needed RECORDS ARE OFTEN INCOMPLETE

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  • South Asia Region includes 8 Countries
  • Afghanistan
  • Bangladesh
  • Bhutan
  • Maldives
  • Nepal
  • India
  • Pakistan
  • Sri Lanka
  • The countries are at different levels of civil

registration

  • Seven of the eight countries have a legal
  • bligation to register a marriage
  • Only India lacks a law that requires spouses

to register a marriage

State of Marriage & Divorce in SAR

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Age at marriage

Country Without parental consent (age yrs) With parental/court consent Women Men Afghanistan 16 18

Girls with parental or court consent can marry at 15 years.

Bangladesh 18 21

No provisions for minimum age either for girls or boys.

Bhutan 16 18

No provisions provided; Guidelines for issuance of marriage certificate between Bhutanese and foreign spoused the legal age of marriage in Bhutan for both men and women is 18 years.

India 18 21

  • Maldives

18 18

Under the Family Act, children under 18yrs can get married if they attain puberty & received special permission from the court.

Nepal 20 20

  • Pakistan

Punjab 16 Sindh 18 Hindu 18 18 18 18

  • Sri Lanka

18 18

No minimum for Muslim marriages. The Muslim Marriage and Divorce Act, which Muslim marriages, doesn’t set minimum age of marriage.

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Marriage before 15 years/18 years

9 22 6 7 7 3 1 8 35 59 26 27 4 40 21 10 30 7 4 4 1 10 3 4

Afghanistan Bangladesh Bhutan India Maldives Nepal Pakistan Sri Lanka South Asia

Percent

Female Married by 15 Female Married by 18 Male Married by 18

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Scatterplot of mean singulate age at marriage (Men vs. Women)

  • Girls marry earlier compared to boys
  • Younger ages in:
  • Bangladesh
  • Nepal
  • India
  • … compared to:
  • Sri Lanka
  • Pakistan
  • Maldives
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20 40 60 80 100 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75+ Percent Age (years)

Afghanistan Men Afghanistan Women Bangladesh Men Bangladesh Women Bhutan Men Bhutan Women India Men India Women Maldives Men Maldives Women Nepal Men Nepal Women Pakistan Men Pakistan Women Sri Lanka Men Sri Lanka Women

Proportion of those married (Men and Women, 15-75+ years)

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20 40 60 80 100 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75+ Percent Age (yrs)

Trend line ( ..... Men; ___ Women)

Trendline – Proportion of those married (Men and Women (15-75+ years)

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Scatterplot of proportion of those married (15-75+ yrs)

  • Generally the proportion of married

women is higher than that for married men

Afghanistan, 81.1, 70.4 Bangladesh, 81.5, 70.1 Bhutan, 69.5, 67.1 India, 75.6, 67.1 Maldives, 70.6, 66 Nepal, 80.5, 77.5 Pakistan, 73.1, 65.4 Sri Lanka, 73.4, 67.2

64 66 68 70 72 74 76 78 80 68 70 72 74 76 78 80 82 84 Men (proportion married) Women (proportion married)

  • The highest proportion of men and

women married is found in Nepal

  • Lowest proportion of married women

and men is in the Maldives

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2 4 6 8 10 12 14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75+ Percent

Age (years)

Afghanistan Men Afghanistan Women Bangladesh Men Bangladesh Women Bhutan Men Bhutan Women India Men India Women Maldives Men Maldives Women Nepal Men Nepal Women Pakistan Men Pakistan Women Sri Lanka Men Sri Lanka Women

Divorce in South Asia region

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Stability of unions in South Asia region

  • Most unstable unions are in the

Maldives

Afghanistan, 0.18, 0.33 Bangladesh, 0.14, 0.89 Bhutan, 1.3, 2.8 India, 0.11, 0.18 Maldives, 5.8, 9.7 Nepal, 0.16, 0.15 Pakistan, 0.72, 0.72 Sri Lanka, 0.22, 0.34 2 4 6 8 10 12 1 2 3 4 5 6 7 Men (proportion divorced) Women (proportion divorced)

  • Most stable unions are found in

India, Bangladesh, Sri Lanka, Nepal

  • Bhutan and Pakistan lie in the middle
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Marriage/Divorce Legal Frameworks - i

Afghanistan • Civil Code of 1977

  • Islamic law
  • Regional customary law
  • Traditional ethnic rules
  • The Mohammedan Law

Bangladesh

  • Muslim Marriage and Divorces Act, 1974
  • Child Marriage Prevention Act, 2014
  • Child Marriage Restraint Act, 1929
  • Hindu Marriage Act, 1946
  • Divorce Act, 1869
  • Christian Marriage Act, 1872
  • Muslim Family Laws Ordinance, 1961
  • Dissolution of Muslim Marriages Act, 1939
  • Special Marriage Act

Bhutan

  • Marriage Act of the Kingdom of Bhutan

2017 India

  • The Hindu Marriage Act, 1955
  • Hindu Succession Act, 1956
  • Muslim Women’s Protection of Rights on

Divorce Act, 1986

  • Parsi Marriage and Divorce Act, 1936
  • Dowry Prohibition Act, 1961
  • The Special Marriage Act, 1954
  • The

Indian Christian Marriage Act, 1872

  • Sharia and Mohammedan Law

Maldives • Maldives Family Law Act, 2001

  • The Mohammedan Law
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Marriage/Divorce Legal Frameworks - ii

Nepal

  • Marriage Registration Act, 2018
  • The Social Practices Reform Act, 1976
  • General Code (Muluki Ain)

Sri Lanka

  • Muslim Marriage and Divorce Act
  • Marriage Registration Ordinance, 1908

(General Law)

  • Kandyan Marriage and Divorce Act
  • Thesawalamai Law (Tamil inhabitants in

Jaffna) Pakistan

  • The Christian Marriage Act, 1872 (Christian)
  • The Christian Divorce Act, 1869 (Christian)
  • The Hindu Marriage Act 2017
  • The Child Marriage Restraint Act 1929
  • Parsi Marriage and Divorce Act, 1936 (Parsi)
  • Dissolution
  • f

Muslim Marriages Act 1939 (Muslim)

  • Muslim Family Laws Ordinance, 1961 (Muslim)
  • Family Courts Act, 1964 (Muslim)
  • Dowry and Bridal Gifts (Restriction) Act 1976 (All

citizens of Pakistan)

  • Guardians and Wards Act (applicable to all

citizens Pakistan but communities may follow their

  • wn personal law instead)
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Country Marriage and Divorce Legal obligation to register marriage Fines for late registration Organizational Structure Records digitalized? Afghanistan Ministry of Justice — Afghanistan Central Civil Registration Authority (ACCRA) Immediately (30 days when marriage abroad) (fees apply) No Centralized No Bangladesh Ministry of Law, Justice and Legislative and Parliamentary Affairs

  • Division. Also Office of the

Muslim marriage registrar 30 days (fees apply) No Decentralized ?? Bhutan Royal Court of Justice Yes (fees apply) No Centralized ?? India Registrar of Marriage/ Marriage Officer, who is generally the District Magistrate No (fees apply) No Decentralized Partial (some States yet to digitize; in

  • thers only in

urban areas)

Obligation to register marriages - i

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Country Marriage and Divorce Legal obligation to register marriage Fines for late registration Organizational Structure Records digitalized? Maldives Family courts. Also responsible for adoptions Immediately (2 or 6 months when marriage abroad) (fees apply) No Centralized ?? Nepal Ministry of Federal Affairs and General Administration. Department of Civil Registration 35 days (free of charge) Yes Decentralized ?.? Pakistan Union Councils under Provincial Local Government Departments Yes (free of charge) No Decentralized ?? Sri Lanka Ministry of Internal

  • Affairs. Department of

Registrar General Immediately (fees apply) No Centralized ??

Obligation to register marriages - ii

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Legal status of polygamy

Legal status of polygamy Countries (source: SIGI 2019) Legal Afghanistan, Bangladesh, Maldives, Pakistan Legal for Muslims

  • nly

India, Sri Lanka Illegal and practice criminalized by law Bhutan, Nepal

  • Legal provisions for other marriages
  • Are there any?
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Barriers to registration of marriage and divorce

  • Socio-cultural factors
  • Cost
  • Religion
  • Legal factors
  • requirements
  • Ignorance
  • Accessibility
  • Distance
  • Lack of financial independence
  • Avoidance labeling
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CRVS in the context of marriage & divorce

  • National planning
  • Protection of individual rights
  • Social protection
  • Health monitoring
  • Monitoring other indicators

Bottlenecks to marriage & divorce registration

  • Weakness of data – lacking or

incomplete

  • Systemic factors, e.g. distance
  • Legal factors

Concluding remarks

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THANK YOU