India to raise marriage age for women from 18 to 21

PBC News:  With the Cabinet approving the proposal to raise the legal age of marriage for girls from 18 years to 21, bringing it at par with men, the Indian government has set in motion the process for a major change in law that has been a point of debate for long.

The big test for the bill will be passage in Parliament as any change in age will have far reaching implications. Despite a decline over decades, underage marriages remain a concern even though there is a long-standing prohibition on child marriage.

As many as 23.3% of women aged 20-24 were married before they turned 18, the legal age of marriage, as per National Family Health Survey-5 (2019-21). The latest survey shows the problem is more prevalent in rural India at 27% whereas in urban regions, underage marriage accounted for 14.7% of all marriages.

The government sees the proposed legislation as a strong measure to bring women on equal footing with men in keeping with the vision of the Constitution on gender equality.

The move is also being cited as a step that will allow women to attain psychological maturity before marriage, exercise their reproductive rights better and take decisions on family planning and use of contraceptives.

The age of marriage for women was increased from 15 to 18 in 1978 by amending the erstwhile Sharda Act of 1929.

The first indication of an upward revision in the age of marriage of girls came in PM Narendra Modi’s speech on Independence Day last year. On Wednesday, the Cabinet approved the introduction of ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ for amending ‘The Prohibition of Child Marriage Act, 2006 (PCMA)’. The bill is expected to be taken up in Parliament soon.

Quoting sources, Times of India says that the bill once approved by Parliament, will be followed by consequential amendments in laws relating to age of marriage. These include personal laws governing marriage of Hindus, Muslims, Christians, Parsis and ‘the Special Marriage Act, 1954’ and ‘the Foreign Marriage Act, 1969’. Under scrutiny are related laws like ‘Hindu Minority and Guardianship Act, 1956’ and ‘Hindu Adoptions and Maintenance Act, 1956.’

In his Independence Day speech last year, the PM Modi said, “To end malnutrition among girls, to assess what should be the age of marriage, we have set up a committee.”