Himachal Pradesh Bill to Raise Women’s Minimum Marriage Age to 21
- Recently, the Himachal Pradesh (HP) Assembly passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, which aims to increase the minimum marriageable age for women from 18 years to 21 years.
- It aims to promote gender equality and higher education among women. Amend the Prohibition of Child Marriage Act, 2006 (PCMA 2006) to encourage
- It has generated significant debate because of its implications for gender equality and the potential need for presidential assent.
HP’s bill on minimum marriage age for women includes:
Redefinition of ‘child’:
- Section 2 (a) of the 2006 Act defines’ child ‘as a male below the age of 21 years or a female below the age of 18 years.
- “The Bill removes this gender-based distinction and defines a” “child” “as any person below the age of 21 years, irrespective of gender.”
Extension of the application period:
- The Bill also extends the time period for filing a petition for annulment of marriage (declaring the marriage null and void in law).
- Under Section 3 of the 2006 Act, any person who was a minor at the time of marriage can apply for annulment of marriage within two years of attaining the age of majority (before the age of 20 years for women and 23 years for men).
- The Bill extends this period to five years, allowing both women and men to file petitions before the age of 23 years as per the new minimum marriageable age of 21 years.
Precedence over other laws:
- A new provision, Section 18A, ensures that the provisions of the Bill take precedence over existing laws and cultural practices, thereby establishing a uniform minimum marriageable age in Himachal Pradesh.
Why the President’s approval is needed:
The governor’s options:
- Under Article 200 of the Constitution, when a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor. The Governor may or may not assent to the Bill or return the Bill for reconsideration or he may reserve the Bill for consideration of the President.
- If the Governor feels that the Bill undermines the authority of the High Court or interferes with the Central laws, he reserves the Bill for the consideration of the President.
Inconsistency with Central law:
- The Himachal Pradesh Bill proposes a separate marriageable minimum age for women, which is possibly inconsistent with the Central PCMA, 2006.
Constitutional considerations:
- As per the Seventh Schedule to the Constitution of India, marriage and divorce fall under Entry 5 of this Concurrent List, which allows both the Central and State Governments to regulate child marriage.
- “However, if a state law is inconsistent with a central law, it can be treated as” “invalid” “till it receives the assent of the President.”
- Article 254 of the Constitution establishes the principle of conflict, which deals with the incompatibility between central and state laws.
- Parliament has the power to make laws on the subjects of the Union List and the State Legislature has the power to make laws on the subjects of the State List and both have power to make laws on the subjects of the Concurrent List.
- When two laws are inconsistent with each other, a conflict arises and if a state law on a subject in the Concurrent List is contrary to the Central law, the Central law applies and the State law is void to the extent of inconsistency.
- If a state law is reserved for the President and gets assent, it can take effect within the state and override the provisions of the central law in that state.
Concerns about the minimum age of marriage bill for women in Himachal Pradesh:
Legal ambiguities:
- The proposed legal framework may create inconsistencies, such as allowing consensual sex from the age of 18 but prohibiting marriage until the age of 21.
- This discrepancy can lead to new issues, such as complications related to reproductive rights and legal status.
- The Juvenile Justice Care and Protection and Integrated Child Protection Scheme provides assistance only up to the age of 18 years, leaving no room for assistance to child brides / grooms in the age group of 19-21 years.
- Critics have raised concerns that it could also limit legal protections for women who marry before the age of 21 and potentially increase police surveillance of affected communities.
The workers’ protest:
- Child and women’s rights activists argue that raising the age of marriage can inadvertently strengthen parental control and hinder the autonomy of young adults.
- According to her, the current law is sometimes misused to punish girls who choose life partners against the wishes of their families.
Why is there a minimum age for marriage?
Preventing child marriage:
- The minimum age of marriage has been set to prevent abuse of minors and outlaw child marriage.
The legal standards:
The Hindu Marriage Act, 1955:
- The Hindu Marriage Act, 1955 prescribes a minimum age of 18 years for girls and 21 years for boys.
Islamic law:
- The Islamic law recognizes the marriage of a minor who has attained puberty.
- The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act (PCMA) 2006:
- Prescribe the age of 18 years for girls and 21 years for boys. The PCMA 2006 also considers marriages below this age to be invalid (although somewhat legal, but which may later be annulled by one party to the contract) only if there is a dispute over it.
Alternative recommendations:
- The 2008 Law Commission Report and the 2018 proposal of the National Human Rights Commission recommended a uniform marriage age of 18 for both boys and girls, which some argue could be a more equitable solution.
- Various UN bodies, including the Committee on the Elimination of Discrimination against Women, support raising the minimum marriage age to 18 years for both boys and girls, as they must attain full maturity and capacity to work before assuming the important responsibilities of marriage.
Development of Marriage Age Law:
- Child marriage has existed in Indian society even before colonialism. The Child Marriage Restraint Act of 1929 set the age limit at 14 years for girls and 18 years for boys, but this was ineffective due to the lower age limit.
- The Act was amended in 1978 to raise the age limit to 18 years for girls and 21 years for boys, but it still did not reduce child marriage.
- The PCMA of the year 2006 aims to completely eliminate child marriage from the society. The Act makes child marriage illegal, protects the rights of victims and tightens penalties for those aiding, abetting or perpetrating such marriages.
- The Prohibition of Child Marriage (Amendment) Bill, 2021 was introduced in the Lok Sabha in December 2021 and referred to a Standing Committee.
- However, with the dissolution of the 17th Lok Sabha, the Bill has lapsed. The purpose of the bill was to raise the minimum age of marriage for girls to 21 years and to repeal any other law, practice.
Why is the government reconsidering the age of marriage?
Gender Neutrality:
- One of the main reasons for rethinking the age of marriage is to ensure gender equality. The government’s objective behind raising the minimum age of marriage for girls to 21 is to bring it in line with the existing age requirement for men, thereby promoting equality.
The Health Effects:
- Addressing issues such as early pregnancies, which affect nutrition levels, maternal and infant mortality rates (MMR and IMR) and overall health.
Educational and economic impacts:
- Reduce the decline in education and livelihood prospects due to early marriage.
- The Jaya Jaitly Committee was set up by the Ministry of Women and Child Development in June 2020 to assess the implications of raising the age of marriage.
- The Committee recommended raising the age of marriage to 21 years to increase access to education, skill training and sex education.
Social and Economic Development:
- This review is aligned with the broader goals of social and economic development. By addressing early marriage, the government aims to tackle related issues such as poverty and social stigma that often compel families to marry at a young age.
Will raising the age of marriage address systemic inequalities:
Superficial similarity:
- The marriageable age of 21 corresponds to the age of men, but this alone does not guarantee gender equality or empowerment. In a highly patriarchal society only numerical equality does not address the systematic inequalities faced by women.
- Real empowerment does not lie only in equal age for marriage but requires addressing broader issues such as equal economic opportunity, access to education and societal attitudes towards women.
- Gender equality does not only include the age law; It also includes addressing issues such as the pay gap, workplace discrimination and access to healthcare.
Unresolved issues:
- Increasing the age of marriage does not address the real issues behind early marriage such as dowry demands, social stigma and family control.
- These issues are driven by social and economic factors, which cannot be solved by legal changes alone.
The health concerns:
- Proponents of the amendment suggest that raising the age of marriage will improve maternal and child health.
- However, current data shows that the average age of marriage is already high in some states (women are married at an average of 21.4 years in Kerala) and health outcomes are more closely linked to overall socio-economic conditions.
The Cultural Resistance:
- Traditional norms and practices can promote early marriage despite legal changes in many tribal communities. Addressing cultural resistance and changing mindsets are critical to policy success.
Solution:
Socio-behavioural changes:
- The effectiveness of modification depends on wider social changes.
- Successful examples like Odisha’s child marriage-free villages highlight the need for community-driven initiatives and support systems.
The Invalidity of Child Marriage:
- The current law makes child marriage voidable rather than voidable from the outset, which may reduce the effectiveness of legal reforms.
The solution to the root causes:
- It is important to focus on educational access, vocational training and economic opportunities for women.
- Policies should aim to provide safe, flexible education and job opportunities that delay marriage and improve overall well-being.
Major improvements:
- A comprehensive approach involving social change and enforcement of existing laws rather than legal changes is necessary.
- This includes addressing social pressures, ensuring reproductive health care, implementing comprehensive sex education, and ending harmful practices.
The economic impact of the pandemic:
- Notice the economic effects of the Covid pandemic, which has led to a reduction in jobs and early marriages in economically stressed families.
Learning from History:
- Historical attempts to change marriage laws have shown mixed results. Successful gender equality initiatives often involve a combination of legal change, social reform, and educational efforts.
- Comparing with other countries and examining these practices can provide important information.
