The document discusses plural legal systems and harmful traditional practices in South Asia. It notes that plural legal systems exist in some countries where more than one legal system, such as statutory, customary, or religious law, governs different groups. It then outlines several harmful traditional practices prevalent in the region, such as child marriage, honor killings, dowry-related violence, and acid attacks. The document reviews laws related to these practices in various South Asian countries and provides recommendations to address legal pluralism and strengthen laws against harmful traditions.

1. Plural Legal System and Harmful Traditional
Practices in South Asia
Prof. Purna Man Shakya. Senior Advocate
Supreme Court of Nepal
Vice-President – SAARCLAW
Mr. Vipin Bhatt
Executive Director
SAARCLAW Regional Secretariat
South Asian Coordination Group Meeting
28th -30th November 2017
Himalaya Hotel, Kathmandu, Nepal

2. Plural Legal System
 Legal pluralism is the existence of multiple legal
systems within one population and/or geographic area.
 It occurs when different laws govern different groups within
a country.
 It is prevalent in the countries, where the law of a former
colonial authority may exist alongside more traditional legal
systems.
Plural Legal System: Afghanistan, Bangladesh, India, Pakistan and Sri Lanka.
Single Legal System: Bhutan, Maldives and Nepal
SAARCLAW Regional Secretariat

3. Afghanistan
 Statutory Law, Customary Law and Islamic Law
Bangladesh
 Islamic law applies to Bangladeshi Muslims in family law and inheritance laws.
 Hindu personal law applies to Bangladeshi Hindus in family law. Bangladeshi
Buddhists also follow Hindu personal law.
 The Christian Marriage Act, 1872 applies to Bangladeshi Christians.
India
 Separate laws govern Sikhs, Hindus, Muslims, Christians and followers of other
religions.
 Exception: State Goa - a Uniform Civil Code , all religions have a common law
regarding marriages, divorces, and adoption.
Pakistan
 Islamic Law and traditional jirga-based law
Sri Lanka
 Kandyan law, Thesavalamai and Muslim law SAARCLAW Regional Secretariat
Quick Overview – South Asia

4. Harmful Practices in South Asia
15. Harmful practices are persistent practices and
forms of behaviour that are grounded in
discrimination on the basis of, among other things,
sex, gender and age, in addition to multiple and/or
intersecting forms of discrimination that often involve
violence and cause physical and/or psychological
harm or suffering.
- Joint general recommendation No. 31 of the Committee on the Elimination of
Discrimination against Women/general comment No. 18 of the Committee on the
Rights of the Child on harmful practices (14 November 2014).
SAARCLAW Regional Secretariat

5. Oxford Online Dictionary
•HARMFUL has been defined as Causing or likely to cause harm.
•TRADITION been defined as a long-established custom or belief that
has been passed on from one generation to another
•PRACTICES is been defined as The customary, habitual, or expected
procedure or way of doing of something.
So Harmful Traditional Practices could be understand as a long-
established custom or belief that has been passed on from one
generation to another and are customary, habitual and are
harmful.
SAARCLAW Regional Secretariat

6. Harmful Traditional Practices in South Asia
• Forced and Early Marriages (Child Marriage),
• Honor Killing,
• Gender-based violence as traditional and cultural practices,
• Female Genital Mutilation (Bangladesh, India, Pakistan & Sri Lanka),
• Sex-Selective Abortions,
• Polygamy,
• Violence or murder related to dowry payment,
• Acid Throwing,
• Chhaupadi (Nepal, Bangladesh and India),
• Bacha bazi/launda bazi/launda naach (Afghanistan, Pakistan and India),
• Devadasi/ Deuki (India and Nepal) SAARCLAW Regional Secretariat

7. Harmful Traditional Practices Legal Plural
System
AFG BDG BHT IND MAL NEP PAK SL
Child Marriage before 18 in 2016 
Honor Killing 
Female Genital Mutilation 
Sex-Selective Abortions 
Polygamy 
Violence to dowry payment 
Acid Throwing o (Common)
Chaupadi o (Common)
Bacha bazi/launda bazi/launda naach 
Devadasi/ Deuki o (Common)
Highly Prevailing Partially Prevailing Prevailing Not Prevailing
Quick Overview of Harmful Traditional Practices in South Asia
*Not Conclusive

8. Laws on Harmful Traditional Practices in South
Asia – a review
SAARCLAW Regional Secretariat

9. AFGHANISTAN
Existing Laws:
• The Civil Code,
• Elimination of Violence Against Women Law - 2009
• Penal Code, 2017 (Banned Bacha Bazi)
Observations:
• Dowry is Legal under Civil Code of Afghanistan.
• Need Special Law on Acid Throwing
• Need a law on Sex Selective Abortion
SAARCLAW Regional Secretariat

10. BANGLADESH
Existing Laws:
• Child Marriage Restraint Act, 2017
• The Dowry Prohibition Act-2017
• Bangladesh Acid Offence Control Act, 2002
• Muslim Marriages and Divorces (Registration) Act – 1974
• Penal Code Sections 312–316 for sex selective abortion
Observations:
• Need Special law on Honor Killing
• Need Special law for Female Genital Mutilation
• Polygamy is Legal but Muslim Family Law regulates polygamy.
SAARCLAW Regional Secretariat

11. BHUTAN
Existing Laws:
• The Child Care & Protection Act, 2011
• Domestic Violence Prevention Act of Bhutan 2013
• Domestic Violence Prevention Rules and Regulation
(2015)
Observation:
• Polygamy is permissible by law with the consent of
the first spouse. However, the practice may be in
decline.
SAARCLAW Regional Secretariat

12. INDIA
Existing Laws:
• The Prohibition Of Child Marriage Act 2006
• Dowry Prohibition Act, 1961 and Sections 304B and 498a of the Indian Penal Code
• Criminal law Act_ IPC Section 326A and 326B – Acid Attack
• Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 amended in
2002; Medical Termination of Pregnancy Act, 1971.
• Bigamy - Section 494 and 495 IPC. The Hindu Marriage Act/ The Indian Divorce Act.
• The Karnataka Devadasis (Prohibition of Dedication) Act, 1982
• The Andhra Pradesh Devadasis (Prohibition of Dedication) Act, 1988
Observations:
• No Special Laws for Launda Naach in Bihar
• No Special Laws on Female Genital Mutilation and comes under relevant
Penal Provision of grievous hurt.
• Chhaupadi is practiced in some areas of India and there is no Special
Laws on it.
SAARCLAW Regional Secretariat

13. NEPAL
Existing Laws:
• Muluki Ain, Chapter 17, Number 2
• Muluki Ain, Chapter 10, Number 28C- for Sex Selective Abortion
• Muluki Ain, Chapter 14, Number 4-7- for Dowry
• The Criminal Code-Section 193- for Acid Attack
• The Criminal Code- for Chhaupadi
• Muluki Ain, General Code, 2020- for Polygamy
Observation:
• No Special Laws for Deuki - Less or Not Prevalent
SAARCLAW Regional Secretariat

14. PAKISTAN
Existing Laws:
• The Child Marriage Restraint Act, 1929
• Criminal Law. (Amendment) Act, 2015
• Pakistan Acid and Burn Crime Bill, 2014
• The Penal Code Article 312- for sex selective abortion
• The Dowry and Bridal Gifts (Restriction) Act, 1976
Observations:
• No Special Laws on Female Genital Mutilation
• Need a law that declares Polygamy illegal
• No Special Laws for Bacha Bazi
SAARCLAW Regional Secretariat

15. SRI LANKA
Existing Laws:
• General Marriages Ordinance
• The Kandyan Law
• Family Law on Polygamy
• The Dowry Prohibition Act-2017
Observations:
• No Special Laws on Female Genital Mutilation
• No Special Laws on Acid Attack
SAARCLAW Regional Secretariat

16. South Asian
Countries
Legal Age of Marriage Relevant Laws
Female Male
Afghanistan 16 18 Civil Code & Elimination of Violence Against
Women Law - 2009
Bangladesh 18 21 Child Marriage Restraint Act - 2017
Bhutan 18 18 The Child Care & Protection Act, 2011
India 18 21 The Prohibition of Child Marriage Act – 2007
Maldives 18 18 The Family Law
Nepal 18 20 The General Code, 1963 and The Marriage
Registration Act, 1971
Pakistan 16 18 The Child Marriage Restraint Act, 1929
Sri Lanka 18 18 General Marriages Ordinance & The Kandyan law
Legal Age of Marriage in South Asia

17. Supreme Court of India – an observation

18. Few Success Stories
• New laws are in force in the various countries that criminalizes Acid Attacks such as
India and Nepal.
• Nepal - New code that criminalizes „Chhaupadi‟
• 'Sex with minor wife is to be considered rape', SC of India a valuable judgment
• Nepal - Supreme Court of Nepal: “There should be no bar on the Kumaris from going to
school and enjoying health-related rights as there are no historical and religious documents
restricting Kumaris from enjoying child rights,“.
• Children selected for Bravery Award in India for stopping Child Marriage
• Child Marriage in Karnataka (an Indian state) is Null and Void
• Afghanistan banned ‘bacha bazi’ and defined as a child sex slavery
• India prohibits Devadasi System
SAARCLAW Regional Secretariat

19. Recommendations
• The Constitutional review to ensure the legal plural systems in
consistent with Human Rights including child rights and
gender equality standards.
• Comprehensive approach to deal with harmful practices: From
social awareness To criminalize Harmful Traditional Practices.
• Establish a Special legal provisions to criminalize Harmful
Traditional Practices such as FGM, Honor Killings, dowry-
related violence or harassment .
• Establish a specific offence for Acid Attacks and criminalize
the unlicensed sale of any type of acid.
SAARCLAW Regional Secretariat

20. Recommendations
• Set the minimum age for marriage – Cognizable and non-
bailable; Null and Void.
• Prohibit polygamy and ensure that the rights of women in
existing polygamous relationships are protected.
• Enforcement of birth, marriage, divorce & death registration.
• Capacity building of implementing agencies such as legal
community including judges, police, religious leaders,
community leaders, health professionals, teachers, children
and victims/survivors of “harmful practices”.
SAARCLAW Regional Secretariat

21. Areas of future Possibilities
• Review of the laws and policies on different harmful practices
exist in South Asia;
• Monitoring the existing laws and policies on Harmful Practices;
• Need to create Legal data for advocacy and change in
laws/policies purposes;
• Legal Advocacy to draft/amend the existing laws and policies
built on Fundamental Rights given in the constitution of South
Asian countries and Human Rights Based Principles;
• Capacity Building of the implementing agencies including legal
community;
• Promote the cross cutting legal provision available: Legal Aid
Services and Public Interest Litigation (PIL) in South Asia
SAARCLAW Regional Secretariat

22. Thank You !!
Compiled By: SAARCLAW Regional Secretariat

23. Sources
• http://www.stopvaw.org/harmful_practices_types_prevalence
• http://www.un.org/womenwatch/daw/egm/vaw_legislation_2009/Final%20report%20EGMGPLVAW.pdf
• https://en.wikipedia.org/wiki/Legal_pluralism
• https://www.revolvy.com/main/index.php?s=Legal%20pluralism&item_type=topic
• https://www.girlsnotbrides.org/child-marriage/nepal/
• https://www.girlsnotbrides.org/child-marriage/india/
• https://www.girlsnotbrides.org/child-marriage/bhutan/
• http://www.bbc.com/news/world-asia-39898589
• https://www.girlsnotbrides.org/child-marriage/maldives/
• https://www.girlsnotbrides.org/child-marriage/pakistan/
• https://www.girlsnotbrides.org/child-marriage/srilanka/
• http://hbv-awareness.com/statistics-data/
• https://www.change.org/p/united-nations-end-female-genital-mutilation-cutting-by-2030-invest-in-research-and-support-in-asia
• http://archive.ipu.org/wmn-e/fgm-prov-p.htm
• https://en.wikipedia.org/wiki/Dowry
• https://www.theguardian.com/global-development/2016/apr/01/nepal-bleeding-shame-menstruating-women-banished-cattle-sheds
• https://www.tapatalk.com/groups/india97780/male-child-prostitution-in-pakistan-bacha-bazi-t916.html
• http://www.refworld.org/docid/52eb9ea04.html
• https://en.wikipedia.org/wiki/Polygamy_in_Bhutan
• https://en.wikipedia.org/wiki/Polygamy_in_Pakistan
• https://thehimalayantimes.com/kathmandu/new-law-criminalises-acid-attack/
• http://www.aljazeera.com/news/2017/08/nepal-criminalises-isolation-menstruating-women-170809153456935.html
• http://www.thehindu.com/news/national/sex-with-minor-wife-is-rape-says-supreme-court/article19838085.ece
• https://www.theguardian.com/world/2008/aug/20/nepal
• http://www.tribuneindia.com/2003/20031115/haryana.htm#1
• https://m.dailyhunt.in/news/india/english/news+karnataka-epaper-newskarn/state+govt+declares+child+marriage+null+and+void-newsid-47421461
• http://www.hindustantimes.com/world-news/bacha-bazi-afghanistan-s-dark-secret-of-keeping-child-sex-slaves/story-h3wMXFVBaZGl3fOB79CJcI.html
• https://en.wikipedia.org/wiki/Deuki
• https://en.wikipedia.org/wiki/Devadasi
• http://www.thehindu.com/news/national/act-against-devadasi-system-sc-tells-states/article8229560.ece
• https://www.genderindex.org/country/bhutan/#_ftnref19