Raising the Age of Marriage of Women in India

General Studies Paper -2

Context: A parliamentary committee examining Bill seeking to raise the age of marriage of women from the present 18 years to 21 has been given another extension to table its report.

• The Prohibition of Child Marriage (Amendment) Bill, 2021,was introduced in the Lok Sabha in 2021 and was referred to the Standing Committee on Education, Women, Children, Youth and Sports.

The Prohibition of Child Marriage (Amendment) Bill, 2021

• The Bill amends the Prohibition of Child Marriage Act, 2006 to increase the minimum age of marriage of females to 21 years.  Further, the Bill will override any other law, custom, or practice.
• Under the 2006 Act, a person married below the minimum age may apply for annulment within two years of attaining majority (i.e., before 20 years of age).  The Bill increases this to five years (i.e., 23 years of age).

Legal Age of Marriage in India

• According to the National Family Health Survey 2019-21 (NFHS-5),23% of women between the age of 20 and 24 were married before 18 years of age.
• In India, the practice of child marriage was first legally prohibited through the Child Marriage Restraint Act, 1929.
• As per the 1929 Act, marriage of girls below the age of 14 years and boys below the age of 18 years was prohibited.  
• This Act was amended in 1978 to increase the minimum age to 18 years for females, and 21 years for men.  
• The Prohibition of Child Marriage Act, 2006replaced the 1929 Act, with the same minimum age limits.

Arguments in Favour of Increasing the Marriageable Age:

• Educational Opportunities: Increasing the marriageable age to 21 in India can contribute to higher educational attainment for women.
• Career Development: Raising the marriageable age provides Indian women with the chance to focus on building their careers before entering into marital commitments.
• This can lead to increased workforce participation, financial independence, and professional development, contributing to the economic growth of the country.
• Health and Maternal Well-being: Women who marry later are generally more physically and emotionally prepared for pregnancy and childbirth, contributing to reduced maternal and infant mortality rates.
• Gender Equality: Raising the marriageable age aligns with the principles of gender equality by providing both men and women with similar opportunities for personal and professional growth.
• Empowerment of Women: Delaying marriage empowers women by allowing them more time to explore their own aspirations and make informed decisions about their lives.
• Reducing Child Marriages: Increasing the marriageable age serves as a legal deterrent to child marriages, protecting young girls from the physical, emotional, and social consequences associated with early unions.
• Social and Emotional Maturity: At the age of 21, individuals are likely to have a better understanding of themselves, their goals, and the responsibilities that come with marriage.
• Population Control: Delaying marriage can contribute to better family planning and population control.

Arguments Against Increasing the Marriageable Age:

• Cultural and Traditional Variability: Critics argue that different communities have their own norms and expectations regarding the appropriate age for marriage. Imposing a uniform age limit may not align with the cultural variability across the nation.
• Individual Freedom and Autonomy: Some individuals may be emotionally and mentally prepared for marriage at 18, and imposing a higher age limit may be seen as restricting their personal choices and decision-making abilities.
• Legal Consistency: Critics may point out that the legal age for voting and consenting to sexual activity in India is already 18.
• Setting a different age for marriage introduces inconsistency in the legal framework, and opponents argue that individuals should be considered mature enough for all legal responsibilities at the same age.
• Role of Parents and Family Decision-Making: Increasing the marriageable age undermines the role of parents and families in decision-making.
• Unintended Consequences on Relationships: Delaying marriage could result in individuals entering into premarital relationships without the legal commitment of marriage.
• This may lead to a shift in societal norms and values, which some may view as having negative consequences.
• Social Stigma and Marital Status: Imposing a higher marriageable age could result in social stigma for individuals who choose to marry earlier.
• This may lead to societal judgments and challenges for those who do not conform to the new legal age limit.
• Female Foeticide:The pressure to educate young girls until 21 among poor families will increase the rate of sex-selective abortion in the country.
• Safety Concerns:The fear of rape or elopement will also loom large, especially in the rural areas due to the proposed law.

Way Ahead

• The result lies in empowering youthful girls, encouraging them to get educated and achieve fiscal autonomy education for girls, and conducting mindfulness programs on the ill goods of non-age marriages.
• Government should subsidized education and healthcare installations in order to insure that girl’s right to live a life of her choice is admired and preserved.
• Government should also come with an on- ground medium to spread mindfulness and apply this policy change rigorously for the benefits to reflect in the society.