The proposal to raise the legal marriage age of women in India from 18 to 21 years has been a topic of significant debate and discussion. This move is intended to address various socio-economic issues, including gender equality, health, education, and economic participation. Read here to learn more.
The Himachal Pradesh Assembly on August 27, 2024, passed a Bill raising the minimum marriageable age for women from 18 to 21 years.
The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, was passed by voice vote on the first day of the two-week monsoon session.
It seeks to amend the Prohibition of Child Marriage Act, 2006 (2006 Act) to advance gender equality and encourage higher education among women.
Bill for raising the marriage age of women in India
The bill to raise the legal marriage age for women in India from 18 to 21 years lapsed as the 17th Lok Sabha was dissolved in May 2024.
- This bill, formally known as “The Prohibition of Child Marriage (Amendment) Bill, 2021,” was introduced to amend the existing law to make the legal marriage age for women the same as that for men, which is 21 years.
- The bill aimed to address issues related to gender equality, women’s health, and empowerment by ensuring that women have more time for education and career development before marriage.
- However, the bill faced criticism and controversy, with some arguing that it could have unintended consequences, such as an increase in child marriages due to social and economic pressures.
Despite these debates, the bill had not been passed by both houses of Parliament by the time the Lok Sabha was dissolved, leading to its lapse.
- For any bill to become law, it must be passed by both houses of Parliament and receive the President’s assent.
- Since this bill was still under consideration, it could not move forward after the dissolution of the Lok Sabha.
- As a result, the bill would need to be reintroduced in the next Parliament session if the government wishes to pursue this legislative change.
The lapse of the bill signifies that the legislative process must start over, and it remains to be seen whether the bill will be reintroduced in the future.
The rationale for Raising the Marriage Age
- Gender Equality: The current legal age of marriage in India is 18 for women and 21 for men. Raising the age of marriage for women to 21 would align it with that of men, promoting gender equality and challenging the deep-rooted patriarchal norms that have historically treated women as subordinate.
- Health and Well-being: Early marriage is associated with a higher risk of maternal and infant mortality, malnutrition, and limited access to reproductive health services. Delaying marriage allows women to mature physically and mentally, leading to better health outcomes for both mothers and children.
- Educational Opportunities: Early marriage often results in the discontinuation of education for girls, limiting their career prospects and economic independence. Raising the marriage age could encourage more women to pursue higher education and vocational training, leading to greater economic empowerment.
- Economic Participation: Educated women are more likely to participate in the workforce, contributing to the economy. By delaying marriage, women have the opportunity to develop skills and gain employment, thus improving their economic status and that of their families.
Challenges and Criticisms
- Social and Cultural Resistance: In many parts of India, early marriage is deeply ingrained in cultural and religious practices. Raising the marriage age may face resistance from communities that view marriage as a means to secure a girl’s future.
- Implementation and Enforcement: Ensuring compliance with the new legal age would require robust mechanisms and awareness campaigns. In rural areas, where early marriages are more prevalent, enforcement could be challenging.
- Potential Backlash: Some critics argue that raising the marriage age might lead to an increase in illegal marriages, putting more pressure on the judicial system and potentially leading to the criminalization of families who may marry off their daughters early due to poverty or other socio-economic reasons.
Policy and Legal Considerations
- Legislation: Amending the Prohibition of Child Marriage Act, 2006, to raise the legal age of marriage for women would require legislative changes. This would also necessitate amendments to other related laws, such as those concerning the age of consent, voting rights, and legal adulthood.
- Public Awareness: A successful shift in the legal age of marriage would require extensive public awareness campaigns to educate communities about the benefits of delaying marriage and the new legal requirements.
- Support Systems: Providing support systems such as scholarships, vocational training, and financial incentives for families could help in reducing the socio-economic pressures that lead to early marriages.
Conclusion
Raising the legal age of marriage for women in India to 21 is a step towards promoting gender equality and improving the socio-economic status of women. However, this change must be supported by comprehensive measures to ensure effective implementation and to address the underlying socio-cultural challenges.
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-Article by Swathi Satish
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