Raising Marriage Age of Women

Syllabus: General Studies Paper 2

The India Child Protection Forum [ICPF] has opposed the move to raise the marriage age of women.

• ICPF is an umbrella body of child rights organisations launched by Nobel Laureate Kailash Satyarthi.
• It recently appeared before the parliamentary panel studying the Bill on raising the age of marriage for women to 21 from 18 years.

 Why ICPF is against raising the age?

• Because, raising the age of marriage for women to 21 will result in criminalising young adults entering into wedlock, especially those who marry against the consent of their parents.
• It will empower the patriarchal violence against women’s autonomy” when they exercise their choice to marry.

The Prohibition of Child Marriage (Amendment) Bill 2021

It proposes to raise the age of marriage for women to 21 from 18 years,

The Bill would amend:

1. The Indian Christian Marriage Act, 1972.
2. The Parsi Marriage and Divorce Act, 1936.
3. The Muslim Personal Law (Shariat) Application Act, 1937.
4. The Special Marriage Act, 1954.
5. The Hindu Marriage Act, 1955.
6. The Foreign Marriage Act, 1956.

What the law says?

Currently, the law prescribes that the minimum age of marriage is 21 and 18 years for men and women, respectively.

The minimum age of marriage is distinct from the age of majority, which is gender-neutral.

• An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
• For Hindus, Section 5(iii) the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom Child marriages are not illegal but can be declared void at the request of the minor in the marriage.
• In Islam, the marriage of a minor who has attained puberty is considered valid under personal law.
• The Special Marriage Act, 1954 and The Prohibition of Child Marriage Act 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.