Citizen Nades - Marriage is no child’s play

SOME of you may not know him, but over the previous week, his name has appeared in more international news reports than even our prime minister. From the Daily Mail in London to the Indian Express in New Delhi; and from Time in New York to Nigeria Today in Lagos, Ahmad Syukri Yusuf, 22, has made the headlines.
He is no ordinary man, facing 30 years in prison and 12 strokes of the rotan, after being charged with raping a 14-year-old, he found a way to weasel out of punishment – and instead continue to copulate with the victim (statutory rape).
He married the student and Kuching sessions court judge Afidah Abdul Rahman ruled there was no need to further prosecute the man after a marriage certificate of his marriage with the complainant was produced. How could a court of law condone and allow this girl to be subjected to this kind of treatment?
After a hue and cry, the High Court last Friday reinstated the statutory rape case, in which a sessions court judge had ruled that the accused Ahmad Syukri Yusuf be discharged not amounting to an acquittal because he married the victim.
But before addressing the issues, there is one important question that must be answered: Who has the authority to decide if the case should go on? According to lawyers, a charge can only be withdrawn by the public prosecutor or his representative. How could a judge who is supposed to be impartial decide not to go ahead with the prosecution based on one single document – the marriage certificate?
If not for the reporters present in the sessions court on that day, would any of us have heard about the travesty of justice that had taken place? If not for the media, would the voices of anger over the decision have come to the attention of the authorities?
Therefore, my viewpoint presented in previous columns that a media which is given unfettered access to information does good for the country is vindicated. It will repeat what I had said: Access to information allows Malaysians to come to an educated and valid opinion based on facts.
Why then is the media often criticised for reporting the facts? Why in some instances, is the media prevented from providing details of official documents and reports?
In the absence of such material, citizens are compelled to make their decisions based on rumour, propaganda, gossip or half-truths or a combination of all four?
When British paedophile Richard Huckle (whose victims included Malaysians) was convicted in London, the do-gooders and the loud speakers got their five minutes of fame. But as I wrote in the aftermath, these same people and groups avoided an issue that is closer to home and dear to the hearts of almost every right-thinking Malaysian – child marriages.
In Malaysia, civil law dictates the legal minimum age for marriage is 18 for both genders, while those under the permissible age need to obtain the approval from the mentri besar or chief minister of the state.
The marriageable age under Islamic law is 18 for boys and 16 for girls. The syariah court holds the authority to give consent to Muslim girls under 16 who wish to get married. They or their parents can apply at any marriage, divorce and reconciliation counter at their state religious departments.
So, with one signature, something bad becomes good; something illegal becomes legal. Is this the system we want?
We cringe when we see the picture of a 12-year-old bride seated on the dais with the groom who appears to look like her grandfather. But that is so much we can do except raising our voices, which on such occasions are never heard.
If we are not amending the laws, why did Malaysia sign the United Nations Human Rights Council's resolution to end child marriages? They shy away from the subject citing "religious sensitivities". This columnist too does not touch on race, religion or politics. But this does not involve any of these.
It involves protecting our children. It involves preventing juveniles from becoming victims of lustful older men. Customs and especially religion should not be used as excuses to not accept international standards in human rights. It is worth repeating the questions I asked two months ago: "Would you marry off your 12-year-old sister or daughter? Why then are you keeping silent on child marriages?"
The whole world pours scorn as the young get exploited and we as citizens remain silent with our arms folded – unable to put right the wrongs of dirty old men. Need anything more be said?
R. Nadeswaran is proud that the media played an instrumental role in ensuring justice by reporting the facts for the citizens to stand up against such mockery of the system. Comments: citizen-nades@thesundaily.com