WOMEN’S MARRIAGE AGE

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WOMEN’S MARRIAGE AGE

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Picture Courtesy: https://indianexpress.com/article/explained/explained-law/himachal-bill-raises-womens-marriage-age-what-happens-next-9538741/

Context:

The Himachal Pradesh Assembly passed a Bill to raise the minimum age of marriage for women from 18 to 21 years.

Key Amendments introduced in the bill

Equal Age Definition

●Under the original Prohibition of Child Marriage (PCM) Act, 2006 there was gender discrimination as it prescribed different marriageable ages for males and females.

  • 21 years by law for men in comparison with 18 years minimum legal requirement for women to get married.

●The Himachal Pradesh Bill removes gender-based discrimination, now the age of legal marriage is 21 years; equal for men and women, to ensure gender equality.

Redefining child marriage

●The Bill includes a new provision that says the increased marriage age of 21 for women will prevail over any other inconsistent local law, custom or practice.

●The new legal standard covers Himachal Pradesh and prevents any customary or religious exemptions.

●Section 18A is inserted to give effect to this overriding nature of the central PCM Act.

Extended Petition Period

●Previously certified child marriages could be voided if they were brought by a person who was still a minor at the time of marriage — within two years after reaching legal age (20 for women and 23 for men).

  • The Bill increases this time to 5 years, so individuals can seek annulment before they turn 23.

Significance of the bill

  • Early marriage obstructs higher education and work opportunities. The Bill seeks to offer women greater opportunities in education and work by raising the marriage age.
  • Women can suffer from health problems due to early marriage and motherhood. The Bill would help curtail this by raising the minimum age of marriage till women are older enough & more physically mature.

Steps involved in implementing the Bill

  • The Bill will have to be sent for the assent of the Governor of Himachal Pradesh after passing by the state Assembly.
      • The Governor can either give assent to the Bill, return it for reconsideration, or reserve it for the President’s review.
  • As the Bill has introduced provisions which conflict with the basic PCM Act, the Governor may reserve it for the President's consideration.
  • According to Article 254(2) of the Constitution, if a state law conflicts with a central law, it must be reserved for the President’s approval.
  • The President will review the Bill and decide whether to give assent or withhold it.

Source:

INDIAN EXPRESS

PRACTICE QUESTION

Q. Analyse the potential impact of increasing the minimum marriage age for girls to 21 on socio-economic factors like women's empowerment, education, and economic participation. Include supporting examples.

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