18-Year Minimum Age & Non-Bailable Arrests, Punjab Bans Child Marriage

Feb 12, 2026 | Public Policy

In a historic move for child rights and gender equality, Punjab Governor Saleem Haider Khan promulgated the Punjab Child Marriage Restraint Ordinance 2026 on Wednesday, February 11, 2026.

The new law effectively ends a century of legal gender disparity in the province by setting 18 years as the minimum marriage age for both males and females. Previously, girls in Punjab could legally be married at 16, while the age for boys was 18.

Key Provisions & Penalties

The ordinance introduces some of the toughest legal deterrents against child marriage in Pakistan’s history, declaring all such offences cognisable, non-bailable, and non-compoundable.

Stakeholder Penalty / Punishment
Adult Contracting Marriage with a Child 2 to 3 years rigorous imprisonment and a fine up to Rs500,000.
Nikah Khawan / Registrar Up to 1 year imprisonment and a Rs100,000 fine.
Guardians / Facilitators 2 to 3 years rigorous imprisonment and a fine up to Rs500,000.
Child Abuse (Cohabitation) 5 to 7 years imprisonment and a minimum fine of Rs1 million.

Major Legal Shifts

  1. Uniform Age: Removes gender discrimination by mandating 18 years for everyone, aligning Punjab with Sindh and the Islamabad Capital Territory (ICT).
  2. Child Abuse Designation: Any cohabitation resulting from a child marriage is now legally classified as “child abuse,” carrying significantly heavier sentences.
  3. Strict Enforcement: Cases will be tried exclusively by Courts of Session and must be concluded within a mandatory 90-day period.
  4. No Bail: Since the offence is now non-bailable, suspects cannot be released while awaiting trial, a move intended to prevent pressure on victims or witnesses.

Why Now?

The ordinance was issued under Article 128(1) of the Constitution because the Punjab Assembly is currently not in session. According to the “Statement of Objects and Reasons,” the law aims to:

  • Modernize child protection frameworks.
  • Fulfill international obligations (such as the UN Convention on the Rights of the Child).
  • Reduce maternal and neonatal mortality rates linked to early pregnancies.
  • Prevent the exploitation and trafficking of young girls under the guise of marriage.

The National Context

With Punjab’s move, only Khyber Pakhtunkhwa (KP) and Balochistan (where 16 remains the age for girls) are yet to fully harmonize their laws with the 18-year standard, although both provinces have draft bills currently under review by their respective cabinets and the Council of Islamic Ideology.

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