Why in the News?
Recently, The Himachal Pradesh Assembly passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024.
To amend the Prohibition of Child Marriage (PCM) Act, which was passed by Parliament in 2006, the bill proposed to raise the minimum age of marriage for women from 18 to 21 years.
The Himachal Pradesh Bill eliminates the existing age differential and raises the minimum marriage age for both males and females to 21 years old, amending the Prohibition of Child Marriage (PCM) Act.
The Bill grants this new age limit precedence over any other legal or cultural norm that would allow earlier marriage, defining a “child” as anyone under the age of 21, regardless of gender. It also increases the amount of time that people have to file a petition to dissolve a child marriage, allowing them to do so up to five years after they become an adult, or until they are 23 years old.
Before this, in June 2024, the “Prohibition of Child Marriage (Amendment) Bill, 2021” was a central measure that expired in the Lok Sabha, which sought to standardize the age at which men and women marry. The Jaya Jaitley Committee’s recommendations formed the basis of the 2021 Bill.
Background :
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The NFHS-5 states that 23% of women between the ages of 20 and 24 were married before turning 18 (47% in NFHS-3 and 27% in NFHS-4).
b. The Child Marriage Restriction Act, 1929 (also known as the Sarda Act) made child marriage illegal in India for the first time (legal age G = 14 years and B = 18 years)
c. In 1978, this Act was modified to raise the minimum age to 21 years for men and 18 years for women.
d. With the same minimum age restrictions, the 1929 Act was superseded by the Prohibition of Child Marriage Act of 2006.
Discussions over the minimum age at which girls should marry
Several social, economic, and health-related concerns have contributed to the growing demand in India for raising the minimum age of marriage for females to 21:
Education
o Higher studies: Girls have more time to finish their studies when the marriage age is raised. Their professional possibilities will improve as a result.
o Empowerment: Women who delay marriage have more time to acquire skills and achieve financial independence.
Well-being and Health
o Maternal Health: Early marriage frequently results in early pregnancies, which raise the risk of death for both mothers and newborns.
o Girls can reach physical and emotional maturity when the marriage age is raised, which promotes safer pregnancies and improved health outcomes for moms and kids.
o Child Development: Women who postpone childbearing are better able to provide their kids the attention and loving they need.
They are probably more equipped financially and emotionally.
Reducing Child Marriage
Combating Child Marriage: In many regions of India, child marriage is still common, which contributes to many socioeconomic problems such as poverty, lack of education, and domestic abuse.
Economic growth: Workforce engagement: Women’s engagement in the workforce increases with delayed marriage, hence promoting economic growth.
The Legislative Process and Constitutional Implications –
- The Himachal Pradesh Bill aims to amend the Prohibition of Child Marriage (PCM) Act by raising the minimum age of marriage for women to 21 years old, which is in contrast to the central law that sets the age at 18.
- Both the federal and state governments have the authority to enact laws regarding marriage because it falls under the Concurrent List. Article 254(1) of the Constitution, however, declares the portion of a state legislation that conflicts with a central statute void unless the President accedes under Article 254(2).
- This means that the Governor of Himachal Pradesh must reserve the Bill for the President’s review.
Disparities between several SC rulings and the legal minimum age of marriage :
- The Supreme Court ruled in 2018 that the freedom to marry is a component of the constitutional right to life under Article 21.
- The Court concluded in another instance in 2018 that a choice made by two adults to live together is an expression of their choice and is protected by Articles 19 and 21 of the Constitution.
- The right to be married before turning 21 is restricted under the existing Bill.
- Therefore, it calls into question whether the restrictions imposed on individuals between the ages of 18 and 21 are appropriate.
- There must be three requirements before a basic right can be legally restricted.
- These are the following: a public goal, a restriction related to that goal, and the lack of a less invasive means to accomplish the goal.
Implementation difficulties
- The effort to prevent girls under the age of 18 from being married has not had much success.
- The 2006 Act only registered 785 cases in 2020, indicating that the number of such weddings is still very low.
- This begs the question of whether raising the legal age would significantly lower the number of child marriages.
Key obstacles
Differing ages for reaching majority and being permitted to get married
The Bill raises the legal age of marriage for women to 21 years old, matching the legal age for men.
However, the Majority Act of 1875 stipulates that a person must be 18 years old to become a majority.
This distinction could have an impact on the rights and obligations of individuals in the age range of 18 to 21.
Way Forward :
a. Inclusion of sexual education in the curriculum on a formal basis
b. Creation of targeted nutrition and health programs for girls.
- Align with National Law: Work with the federal government to ensure that the revised marriage age is consistent with national law.
- Community Awareness: Launch focused public awareness initiatives, highlighting women’s health and education, to inform the public about the advantages of postponing marriage.
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