By K. Sivalingamoorthy
COLOMBO – A civil society group has called for the repeal of Sri Lanka’s Muslim Marriage and Divorce Act, arguing that provisions of the law are inconsistent with international child rights standards and constitutional guarantees.
A delegation led by Ven. Akmeemana Dayarathana Thera, chairman of the far-right, ultranationalist Sinhalese Buddhist political party Sinhala Ravaya, on Thursday (4) submitted a complaint to the United Nations office in Colombo seeking international attention to the issue.
The complaint contends that the Muslim Marriage and Divorce Act No. 13 of 1951 permits child marriage and is incompatible with the principles enshrined in the United Nations Convention on the Rights of the Child (UNCRC), to which Sri Lanka is a signatory.
Speaking to reporters after submitting the petition, Ven. Dayarathana Thera said the organization was urging both the United Nations and the Sri Lankan government to take steps to amend or repeal provisions of the law that it believes undermine children’s rights.
“Under the UN Convention on the Rights of the Child, every person below the age of 18 is considered a child, regardless of religion, ethnicity or social background,” he said.
The organization specifically raised concerns over provisions that allow the marriage of Muslim girls below the age of 18 under certain circumstances and with authorization from a Qazi court.
Ven. Dayarathana Thera argued that such provisions create disparities between personal laws and the country’s general legal framework governing the age of marriage and the protection of minors.
He maintained that all citizens should be subject to equal legal standards and that laws relating to children should be aligned with international obligations and constitutional principles.
The group said it intends to pursue further legal and advocacy initiatives on the issue and called for a comprehensive review of the legislation.
The Muslim Marriage and Divorce Act has been the subject of public debate and reform discussions for several years, with women’s rights groups, child rights advocates and legal experts calling for amendments to address concerns relating to the minimum age of marriage, consent requirements and the administration of the Qazi court system.
Successive governments have considered proposals for reform, although consensus on amendments has remained elusive.
-ENCL
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