Himachal Pradesh: Minimum Marriage Age Raised to 21
Kartavya Desk Staff
Source: IE
Context: Himachal Pradesh has passed a Bill to raise the minimum marriage age for women from 18 to 21 years, amending the Prohibition of Child Marriage (PCM) Act.
The Bill redefines a “child” as anyone under 21, eliminating the age difference between genders. It also overrides any conflicting laws or customs. To annul a marriage, the time limit has been extended to five years after reaching the age of 21. Since the Bill amends a central law, it must receive the President’s assent to become enforceable, following approval from the state’s Governor.
Earlier, in June 2024, a Central bill ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ lapsed in Lok Sabha which aimed to bring uniformity in the age of marriage for men and women. 2021 Bill was based on recommendations of Jaya Jaitley Committee
Background:
• According to the NFHS-5, 23% (47% in NFHS-3 and 27% in NFHS-4 ) of women between the age of 20 and 24 were married before 18 years of age.
• In India, the practice of child marriage was first legally prohibited through the Child Marriage Restraint Act, 1929 (also called Sarda Act) (legal age G = 14 years and B = 18 years)
• This Act was amended in 1978 to increase the minimum age to 18 years for females, and 21 years for men.
• The Prohibition of Child Marriage Act, 2006 replaced the 1929 Act, with the same minimum age limits.
• In 2020, the central government set up a task force (Chairperson: Ms Jaya Jaitly) to examine the correlation between the age of marriage and the mother, and the child’s health. The Committee suggested increasing the age of marriage for females to 21.
What the law says?
Currently, the law prescribes that the minimum age of marriage is 21 and 18 years for men and women, respectively.
The minimum age of marriage is distinct from the age of majority, which is gender-neutral.
• An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
• For Hindus, Section 5(iii) of the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. Child marriages are not illegal but can be declared void at the request of the minor in the marriage.
• In Islam, the marriage of a minor who has attained puberty is considered valid under personal law.
• The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
Reasons for Prevalence of Child Marriages in India
• Poverty: Families often marry off daughters early to reduce economic burdens.
• Cultural Norms: Deep-rooted traditions prioritize early marriage.
• Lack of Education: Limited access to education perpetuates the cycle of early marriage.
• Safety Concerns: Families marry off girls early to protect them from perceived dangers.
Raising the Legal Age of Marriage to Curb Child Marriages
The government’s recent approval to raise the legal age of marriage for women from 18 to 21 aims to align the age for both genders and address several issues:
• Health and Wellbeing: Early marriage and pregnancies negatively impact the nutritional levels, health, and mental wellbeing of mothers and their children.
• Delayed Responsibilities: Raising the marriage age delays women’s transition into family roles, providing more time for education and self-development.
• Gender Equality: Equalizing the legal marriage age for both men and women promotes gender neutrality, challenging stereotypes that wives must be younger than their husbands.
• Social and Economic Benefits: According to research, this change could lead to a reduction in maternal mortality, improved nutrition levels, and more opportunities for women to pursue higher education and careers.
Limitations of Raising the Legal Age
• Limited Success of Legal Measures: Despite existing laws, child marriages remain prevalent. For example, NFHS-5 data shows that 23% of women aged 20-24 were married before 18. Legal measures alone have limited effectiveness without societal support.
• Need for Social Reforms: Laws alone cannot drive change. Improving health, education, and awareness, along with incentivizing later marriages, are crucial. The decline in child marriages has been more linked to better education and employment for women than to legal penalties.
• Risk of Negative Consequences: Raising the marriage age without addressing underlying patriarchal norms may lead to an increase in sex-selective abortions and illegal marriages.
Way Forward
• Invest in Girls’ Education: Education is key to delaying marriage. According to NFHS-4, the median age of marriage rises with higher levels of education.
• Economic Empowerment: Financial independence gives girls more control over their marriage decisions, reducing the likelihood of early marriage.
• Social and Behavioral Change Campaigns: Changing societal norms around marriage decision-making is essential.
• Marriage Registration: A system to ensure all marriages are registered can help track and enforce legal marriage ages.
Conclusion
Legislation alone cannot solve the problem of child marriage. A holistic approach that includes education, economic empowerment, and societal change is needed to create lasting impact. Learning from countries like South Korea and Japan, where greater female workforce participation has helped address gender imbalances, can provide useful insights for India.
Insta Links:
The Prohibition of Child Marriage Amendment Bill 2021
Mains Links:
• “Empowering women is the key to controlling population growth”. Discuss. (UPSC 2019)