New Delhi: The Himachal Pradesh government has taken a lead over other states in the country and passed a law that increases the age of marriage for girls from 18 years to 21 years in the state.
The age of marriage for girls in the country are determined by various personal laws – like the Hindu Marriage Act, Muslim Personal Law, Paris Marriage Act, Christian Marriage Act and the Special Marriage Act.
Age of Marriage for girls in India
Under the existing Hindu Marriage law, the age of marriage for a girl is 18 years, while personal laws in Islam allow a Muslim girl to marry when she has attained the age of puberty, which a recent judgment of Punjab and Haryana High court pegged at 15 years.
For Parsis and Christian girls also, presently the legal age to marry is 18. Even under the Special Marriage act, which is a special tool enabling marriages without any rites or ceremonies, the age of marriage for a girl is 18 years.
Himachal law on marriageable age of girls
This law, passed by the Himachal Pradesh state legislature recently brings a change in the marriage laws applicable in the state and now Hindus, Muslim, Parsi and Christian girls desirous of marriage will have to be of at least 21 years if they are marrying and domiciled in Himachal Pradesh.
The state government while moving the bill ‘The Prohibition of Child Marriage (Himachal Pradesh amendment) Bill 2024, states that the move has been motivated by the desire to provide for gender equality and opportunities for obtaining higher education for the girls in the state.
The new law also bring about a change in the prevention of child marriage act 2006, and its implementation in the state of Himachal Pradesh.
Now, any marriage between a male and a female under 21 years of age will be considered to be punishable offence under the prevention of child marriage act.
Why the law has been passed?
In the statement of Object and reasons of the bill, it is said, ‘The Prohibition of Child Marriage Act, 2006 was enacted to provide for the prohibition solemnisation of child marriages and for matters connected therewith or incidental thereto. In today’s world the women are progressing in every field. The early marriages, however, act a hindrance not only in the progress of their career but also in their physical development. In order provide for gender equality and opportunities of obtaining higher education, it has become necessary to increase the minimum age of marriage for the girls. Thus, it is proposed to amend the Prohibition of Child Marriage Act, 2006 and other related Acts in their application to the State of Himachal Pradesh and increase the minimum age for marriage for girls to 21 years.’
Similar attempt was made by central government in 2021
A similar attempt was made by the central government to have a uniform marriageable age for girls and boys at 21 years in 2021. But the bill was referred to the parliamentary standing committee on education, women, children, youth and sports for examination. The standing committee is yet to submit its report the issue.
The central government had sought to increase the age of marriage for girls because the ‘Existing laws do not adequately secure the Constitutional mandate of gender equality in marriageable age among men and women. Women are often put to disadvantageous position in regard to higher education, vocational instruction, attainment of psychological maturity and skill-sets, etc.
Entering into employment sphere and being part of the work force to make themselves self-dependent before girls getting married is a critical area. These disadvantages perpetuate dependence of women on men. There are also imperatives for lowering maternal mortality rate and infant mortality rate, as well as improvement of nutrition levels and sex ratio at birth, as these would promote possibilities of responsible parenthood for both father and mother, making them more capable of taking better care of their children. It is also important to bring down the incidence of teenage pregnancies, which are not only harmful for women’s overall health but also result in more miscarriages and stillbirths.’
