Women’s Legal age to Marry

No more giving up on dreams for girls to make careers as the government will be increasing the Legal Age of marriage from 18 years to 21 years.

Recently, an amendment bill of the Prohibition of Child Marriage(Amendment) Bill, 2021 has been introduced in the Lok Sabha by the government with the objective of raising the legal age of marriage. You must have heard this matter as it was a debatable topic where its pros and cons were put forward by the experts.

On the 30^th Foundation Day of the National Commission for Women, Prime Minister addresses the matter by stating that the increase in age for marriage of women from 18 years to 21 years is to bring them at par as well as not hindering the education and careers of the daughters.

Before knowing and weighing the advantages and disadvantages let us understand the need for such reform by the government along with the opinions of several experts on this matter

Reason for raising the legal for women to Marry

In order to examine the matters concerning the age of motherhood, improving the nutritional levels, and other issues, Jaya Jaitly was appointed as head of the committee set up by the Union Ministry of Women and Child Development in 2020.

The Committee submitted its report in December 2020 where the increase in the legal age for marriage was suggested. Previously, the minimum legal age for marriage was 15 and it was raised by the government to 18 years through the amendment of the Child Marriage Restraint Act 1929.

The need for the bill proposing to raise the age of marriage for girls is to deter child marriages. The step taken by the government was to ensure the crimes against women and increase their participation in the growth cycle of ‘new India’. The government also kept in view to empower the girls by completing their education and building a career.

In the amendment bill, the statement of objects and reasons of the bill states that through this reform, women will be able to achieve psychological maturity before marriage. It also mentions about deterring and reducing the incidence of teenage pregnancy leading to diseases such as anemia. The bill is also aimed at addressing the issue of maternal mortality.

Whether the need to raise the age of marriage fulfills the object?

As mentioned above the objective of raising the age of marriage is for the betterment of social, financial as well as health conditions of women. However, the objective behind introducing the bill was criticized by the National Family Health Survey (NFHS). It was found by the Survey that 23% of the marriages in India are child marriages, even though there exist statutory provisions prohibiting child marriages. However, there has been a significant decline in the percentage of child marriage currently but the issue persists in society. And it was argued by the government that the important aspects of this law and issues such as education of women, health, and other societal norms were missed to be addressed.

We can say the decline in the percentage of child marriages is due to better education as well as healthcare facilities and not because of the law prohibiting such marriages.

Therefore, it can be implied that the effectiveness of the reform cannot be seen unless it has been executed.

Advantages of increasing the age of marriage

After analyzing the Bill for increasing the age of marriage for women briefly let us take a glance at the benefits which the woman can receive by executing such provision.

●  The Amendment Bill will bring and ensure equality which is one of the objectives of the reform. In 1954, Special Marriage Act, it was decided that the age must be one of the basic requisites of a valid marriage. The only flaw in the act was not having equality in this regard which is now being corrected by amending the Prohibition of Child Marriage Act (PCMA), 2006.

●  It will aid in the empowerment of disadvantaged women such as respecting their reproductive rights as well as addressing the safety issues in public transportation.

●  It will also increase the awareness amongst women wherein, girls will be provided counseling concerning matters such as pregnancy and maintaining their health.

Conclusion

We all can agree with bringing down this reform even though the bill is pending at the Parliamentary Committee for further deliberation as well as discussion. Mere implementation of the law is not enough for curbing the menace of child marriage. Measures must be taken by the government simultaneously for educating the public regarding the benefits of marrying their daughter at such an age where she is psychologically and financially stable and capable enough to take down responsibilities. Thus, it is necessary for the government to take the required steps for educating as well as equipping them with proper skills. The increase in the age of marriage for a woman is a promising step taken by the government for women and must be well executed in the future.

As it has been already mentioned that child marriages in India are still prevalent, the same must be checked by taking strict actions. In order to deal with such issues, we have a team of expert lawyers at Lead India to provide you with their expert legal advice. You can be stress-free by taking the assistance of our lawyers who will ensure proper justice and get your proper redressal.