Context:
The Himachal Pradesh Assembly recently approved an amendment to the Prohibition of Child Marriage Act through the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024. This amendment increases the legal minimum age for marriage of women from 18 to 21 years, aligning it with the existing law enacted by Parliament in 2006.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Himachal Pradesh’s Legislation to Increase Marriage Age
- Debate on Raising Marriage Age for Girls in India
- Challenges and Constitutional Implications
Himachal Pradesh’s Legislation to Increase Marriage Age
Key Aspects of the Himachal Pradesh Bill
- The bill modifies the existing Prohibition of Child Marriage Act by setting the minimum marriage age at 21 for both genders, removing any prior age distinctions.
- Defines individuals under 21 as children, which supersedes any other legal or traditional practices allowing earlier marriages.
- It expands the period during which an individual can file for annulment of a child marriage to five years after reaching adulthood, effectively allowing until the age of 23 for such actions.
Legislative Process and Constitutional Considerations
- Bill’s Objective: Aims to amend the national child marriage laws by setting a new standard age for marriage at 21, which currently contradicts the federal mandate of 18.
- Jurisdiction: As marriage falls under the Concurrent List, the legislation requires collaborative governance from both state and central authorities.
- Legal Hierarchy and Approval: In cases where state legislation conflicts with central laws, the state law is invalidated unless ratified by presidential consent per Articles 254(1) and 254(2) of the Constitution.
- Presidential Review: The bill, mirroring the procedural requirements seen in other significant legislative reforms like the Uttarakhand Uniform Civil Code, must be forwarded to the President through the Governor of Himachal Pradesh for final approval.
Debate on Raising Marriage Age for Girls in India
Reasons for Raising the Marriage Age
- Educational and Career Benefits: Increasing the marriage age to 21 allows girls to complete their education and enhance career prospects.
- Health and Maturity: Older marriage age leads to safer pregnancies and better maternal health, as it allows women to reach physical and emotional maturity.
- Financial Independence: Delaying marriage provides women more time to develop essential skills and gain financial independence.
- Social and Emotional Readiness: Older marriage age prepares women better emotionally and economically.
- Reduction in Child Marriages: Aims to mitigate social issues like child marriage prevalent in parts of India, which often leads to domestic violence and educational deficits.
- Workforce Participation: Higher marriage age could potentially boost women’s participation in the workforce, promoting economic development.
Challenges and Constitutional Implications
- Age Discrepancy: The proposal aligns the marriage age for females with males at 21, conflicting with the legal majority age of 18, which might affect the rights and responsibilities of young adults.
- Legal Inconsistencies: There are inconsistencies with Supreme Court judgments affirming the right to marry as part of the right to life, raising questions about the appropriateness of the new age restriction between 18 and 21 years.
- Fundamental Rights Considerations: Any law restricting fundamental rights must have a justified public purpose, be directly connected to this purpose, and be the least restrictive means to achieve the intended goal.
- Implementation Challenges: Past efforts to curb underage marriages have seen limited success, questioning the effectiveness of raising the marriage age in combating child marriages.
-Source: Indian express
