Gender implications of child marriage: reflection from Section 13 of the Law of Marriage Act No. 5 of 1971

Abstract

This study examines the gender implications of the Law of Marriage Act, No. 5 of 1971, specifically in the context of Section 13. It also explores girls' attitudes towards child marriage and examines gender implications in the practise of child marriage due to the growth of gender disparity. The study employs a longitudinal research design whereby the life stories of married girls were randomly collected and analysed. Data were divided into themes and subthemes to respond to the research questions. The findings show that Section 13 of the Law of Marriage Act No. 5 of 1971 allows girls to get married as early as the age of 15 years with the assumption that, at that age, girls would be old enough to possess knowledge on how to take care of babies and their home. It was discovered that girls' attitudes about child marriage were negatively influenced by the presence of secondary schools in every ward, which raised awareness on the importance of education in their lives. The study also concludes that the gap in marriage eligibility between boys and girls serves as a vehicle for gender inequality as it contributes to women's underdevelopment and lowers their status to realise their full potential in all developmental activities. The article recommends that the government should open more secondary schools in every village to increase girls' enrollment. Also, the government should immediately amend Section 13 of the Law of Marriage Act, No. 5 of 1971, to comply with International Human Rights Instruments which protect a girl child. It is advised that politicians should consider gender perspectives and effects when enacting legislation.