The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh

This thesis is submitted in partial fulfillment of the requirements for the degree of Masters of Arts in Governance and Development, 2021.

Detalhes bibliográficos
Autor principal: Ahasan, Mohammed Anamul
Outros Autores: Rahman, Taiabur
Formato: Tese
Idioma:en_US
Publicado em: Brac University 2021
Assuntos:
Acesso em linha:http://hdl.handle.net/10361/15164
id 10361-15164
record_format dspace
institution Brac University
collection Institutional Repository
language en_US
topic Mobile Court Act
Child Marriage in Bangladesh
Propensity
spellingShingle Mobile Court Act
Child Marriage in Bangladesh
Propensity
Ahasan, Mohammed Anamul
The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
description This thesis is submitted in partial fulfillment of the requirements for the degree of Masters of Arts in Governance and Development, 2021.
author2 Rahman, Taiabur
author_facet Rahman, Taiabur
Ahasan, Mohammed Anamul
format Thesis
author Ahasan, Mohammed Anamul
author_sort Ahasan, Mohammed Anamul
title The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
title_short The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
title_full The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
title_fullStr The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
title_full_unstemmed The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh
title_sort impact of mobile court act, 2009 on restraining the propensity of child marriage in bangladesh: empirical evidences from ishwarganj upazilla, mymensingh
publisher Brac University
publishDate 2021
url http://hdl.handle.net/10361/15164
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spelling 10361-151642021-10-18T05:33:08Z The impact of Mobile Court Act, 2009 on restraining the propensity of child marriage in Bangladesh: Empirical evidences from Ishwarganj Upazilla, Mymensingh Ahasan, Mohammed Anamul Rahman, Taiabur Brac Institute of Governance and Development, Brac University Mobile Court Act Child Marriage in Bangladesh Propensity This thesis is submitted in partial fulfillment of the requirements for the degree of Masters of Arts in Governance and Development, 2021. Cataloged from PDF version of thesis report. Includes bibliographical references (pages 68-70). This dissertation contains the study conducted by the researcher as a part of his master’s thesis. The study examines the status and effectiveness of the Mobile Court Act, 2009 to restrain the propensity of child marriage in Bangladesh based on the experience of one Upazilla, named Ishwarganj, Mymensingh. Child marriage is a social curse. It is detrimental to a girl’s physiological and mental development. It is also harmful for the society as well as for the country. Child marriage is prevalent in Bangladesh in general and rural areas in particular. To reduce the extent of child marriage, Bangladesh government tries in various ways such as motivation, awareness building and enacting law. Child Marriage Restraint Act, 1929 was enacted and put into practice to stop child marriage. Under the Child Marriage Restraint Act (1929), the legal age of marriage in Bangladesh is 18 years for a female and 21 years for a male. Penalties for child marriage according to the Act are imprisonment for one month or a fine of up to 1,000 taka ($ 11.76) or both. Any adult or guardian arranging and permitting child marriage can be convicted under the law. Girls cannot be sentenced to imprisonment under the provision of law. This act has failed to create an effective impact to reduce child marriage in Bangladesh. The government understood the failure. To overcome this problem, government included this law under the schedule of Mobile Court act 2009. Mobile Court brings a new dimension and a significant paradigm shift in the enforcement of laws in Bangladesh to restrain the propensity of child marriage. Later in 2017, Government has passed Child Marriage Restraint Act, 2017. The current law in Bangladesh is the Child Marriage Restraint Act, 2017 (CMRA) repealing the earlier British law of 1929. The Act sets the minimum age of marriage for a male as 21 years and for a female as 18 years. CMRA criminalizes contracting, allowing, or solemnizing of a child marriage. In 2018 the Child Marriage Restraint Rules had been also formulated providing details of the formation and responsibilities of the Child Marriage Prevention Committees, along with other functional details. Again, Government included Child Marriage Restraint Act, 2017 under the schedule of Mobile Court act 2009. After the enactment of Mobile Court Act, 2009 executive magistrates conduct mobile court to stop child marriage in their local jurisdiction. At the Upazilla level Upazilla Nirbahi Officer vi (UNO) and Assistant Commissioner (Land) enjoy and enforce executive magistracy power. Their relentless effort makes many Upazilla child marriages free. Likewise, the researcher conducted a survey on the people of Ishwarganj Upazilla having diverse socio-economic profile. A part of the survey was also conducted on the children who were saved from the curse of child marriage. Now Ishwarganj Upazilla is a child Marriage free Upazilla. By closely observing the activities of executive magistrates in conducting mobile court, the researcher received the fundamental ideas of how this change achieved. The researcher formulated a theoretical framework to analyze the collected information. Analysis of primary data revealed that most of the children who were saved from the marriage were satisfied with the active, effective and timely initiative of executive magistrate’s mobile courts. The respondents opined that without the intervention of mobile court none could save them from child marriage. Mobile Court Act, 2009 gives the executive magistrates power to stop child marriage and punish those who are involved with child marriage. Upazilla Nirbahi Officer (UNO) and Assistant Commissioner (Land) also apply their administrative power, image and capability against child marriage. Even they are able to create a movement against child marriage. In the study area, it is found that now people are more aware of the harmful effect of child marriage. Meeting, seminar, motivational campaign, active participation of student council, information network and over all exemplary punishment given by mobile court make the people conscious and aware about detrimental effect of child marriage. Family violence and maternal death rate has reduced in this locality. From both service providers and service seekers perspective it is proved that “Mobile Court Act-2009” is an important and effective means against child marriage. Most of the respondents of all cluster termed “Mobile Court Act-2009” as a people friendly act rather a coercive one. Mohammed Anamul Ahasan M. Governance and Development 2021-10-07T04:38:00Z 2021-10-07T04:38:00Z 2021. 2021-06-30 Thesis ID: 15272003 http://hdl.handle.net/10361/15164 en_US Brac University theses are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission. 88 Pages application/pdf Brac University