Raising the legal age of marriage is an indirect way to address all gender inequalities.
Introduction
Union Minister for Women and Child right Smriti Irani introduced the “The Prohibition of Child Marriage Amendment Act’ in 2021 to standardize the minimum age of marriage for all women across all religions, creeds, castes to 21. Although the bill has been sent to the standing committee of approval, several personal laws and regulations that govern marriage in India, like “The Prohibition of Child Marriage Act 2006”, “The Special Marriage Act, 1954”, and “The Hindu Marriage Act 1955”, will need to be altered. To reduce maternal mortality rates, enhance nutrition standards, and ensure that women have the opportunity to pursue higher education and employment, a task group led by former Samata Party leader Jaya Jaitly was established, which submitted its report. According to Ms. Jaitley, one of its recommendations is to raise the marriage age. Other recommendations include stepping up the fight to change patriarchal attitudes and expanding access to women to higher education. According to the National Family Health Survey (2019–2021), 23.3% of women aged 20–24 who were married before turning 18 demonstrated that the 2006 Prohibition of Child Marriage Act, especially among the poor, has not entirely been successful in preventing child weddings. According to women’s rights campaigners, the Act is frequently used by parents to penalize their daughters who elope or marry against their parents’ desires to avoid forced marriages, domestic violence, and a lack of educational opportunities.
Existing Laws on Marriage in India
“The Child Marriage Restraint Act” was endorsed by Lord Irwin and was adopted by the Imperial Legislative Council in 1930. It established a minimum age of 14 years for women and 18 years for males to get married. It was also known as the “Sarda Act,” after Rao Sahib Sarda. The Act was amended in 1978, changing it to 18 for women and for men to 21.
“The Prohibition of Child Marriage Act, 2006” was passed and it made child marriage before the legal age for marriage, a cognizable and non-bailable offense. Under this act, the minimum age for marriage was 18 for women and 21 for males. This law penalized the child’s parents and the priest who performed such marriage. The legal marriage age in India at 18 for women and 21 for male by the “Hindu Marriage Act of 1955.” The age for women was set at 18 and for men at 21 in the “Indian Christian Marriage Act of 1872.” According to the “Muslim Personal Law Application Act of 1937”, women can get married after puberty.
What Does the New Bill Have to Say
The Bill statement talks about lowering the infant maternal mortality rate, improving nutrition standards, and birth ratios are all required in India, as these “would promote the possibilities of responsible parenthood for both father and mother.” The measure also states that its; is crucial to reduce the number of teenage pregnancies since they pose a risk to women’s general health and increase the likelihood of miscarriages.
According to the bill, discrimination against women violates the principles enunciated under the “Convention on the Elimination of All Forms of Discrimination against Women”, to which India is a signatory, and to prevent the achievement of sustainable development goals. To safeguard the health and welfare empowerment of women and girls and to ensure that their status and opportunities are equal to that of males, it is essential to address the issue and put the required legislation in place.
It claims that the measure will equalize the legal age of marriage for men and women and outlaw child marriage regardless of the applicable law, usage, custom, and practice.
What is the need of such a law and its effect?
As the bill will make the minimum age of marriage the same for both boys and girls, this action can be described as a step toward gender neutrality. Due to the high number of girls being married at the age 18, they lack financial freedom. As a result, they become dependent on their husbands to survive. Even if the relationship is abusive, they will be compelled to stay because of their need. Raising the legal minimum age for marriage will give women more power and enable them to become financially independent before marriage. Many females are currently compelled to abandon their studies in order to get married. Therefore changing the age of marriage to 21 will enable them to finish their education. By doing so, a lot more women will pursue higher education.
Teenage pregnancies raise the risk of hypertension, anemia, and several other medical conditions. Additionally, it may result in the mother’s death from difficulties during pregnancy. Raising the marriage age for girls can lower the likelihood of maternal death.
The sad reality is that “we still have 1.5 crore child marriages despite a promising trend,” showing a decrease in child marriages in India from 27% to 23%. The high rates of maternal and child mortality are closely correlated with this. A girl would give birth to a weak and malnourished child if she marries before she has fully developed and without the advantage of adequate nutrition, not merely when she is mature. These infants are more likely to die shortly after birth from diarrhea, anemia, and other similar issues.
Conclusion
Raising the minimum age of consent for girls to marry is a wise decision. But law alone will not alter society. It is necessary to run widespread awareness campaigns on the value of girls’ education and the need to increase the marriage age. The government needs to invest more money in healthcare and education. In addition, the girl’s right to live the life of their choice after turning 18 should be safeguarded. Early marriages should be viewed as a public health concern as they have an effect on a woman’s physical and mental health in addition to being a breach of her right to child marriage. Even in metropolitan regions, women are married off as soon as they turn 18 and frequently have their dreams of pursuing higher education and a job destroyed. It is crucial to end the pattern of early marriage among families. Suppose they receive support in pursuing and completing their higher education and are given business management skills training. In that case, they will eventually become financially independent and develop a sense of stability and self-worth. The most significant silent outcome is higher respect for the girl kid and the household’s female head of household as equals.
~By Aaryan Dwivedi, GNLU, Gandhinagar (Gujarat)
