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Child marriage law sparks criticism

Parliament passed the Child Marriage Restraint Act on Monday night, replacing a law dating back to the British colonial period.

Radha Rani Sarker, who escaped forced marriage at the age of 14 in Bangladesh, pictured in front of NGO Plan International's campaign poster in Paris on the eve of the UN International Day of the Girl Child, on October 10, 2016

Parliament passed the Child Marriage Restraint Act on Monday night, replacing a law dating back to the British colonial period.

The new rule keeps the minimum marriageable age for males at 21 and for females at 18 but relaxes the restriction for "special circumstances" -- including for girls who elope, are raped or bear children out of wedlock.

Rights groups have criticised the law, saying it would jeopardise the gains Bangladesh has made in cutting the levels of child marriage and improving the health of women and children.

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"The biggest concern is the law has not set any minimum marriage age for special circumstances, meaning children can be married off at the age of 14-15," said Nur Khan Liton, who represents the Child Rights Advocacy Coalition in Bangladesh.

The coalition, which includes international charities such as Save the Children, Action Aid, national charities and rights groups, said the law could be abused and poses a "risk" to children.

But a ruling party lawmaker who heads parliament's committee on women's and child affairs said it reflects the reality in villages where 70 percent of Bangladesh's 160 million people live.

"We have taken into account the opinion of the UNICEF and other experts," said Rebeca Momin, adding that the law also toughens penalties for people violating the minimum marriage age.

She said the special circumstances in the law are aimed at protecting rights and giving dignity to children born out of wedlock.

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Despite making impressive gains in many social indicators in recent decades, child marriage remains rampant in the conservative Muslim-majority country.

Bangladesh currently has one of the world's highest rates of child marriage.

According to figures posted by UNICEF on its website, 66 percent of girls are married before the age of 18 and over a third before the age of 15.

The previous child marriage law was widely ignored as parents in many poor districts were found to have married off their daughters at the age of 14.

Early marriage causes millions of girls to drop out of education. New brides are expected to work in their husbands’ households and are subject to the same hazards as child domestic workers.

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"Weakening the law is a setback for the fight against child marriage, and sends a message to parents... that the government thinks child marriage is acceptable in at least some situations," Heather Barr of Human Rights Watch wrote after the cabinet approved the law last December.

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