Prohibition of Child Marriage (Amendment) Bill, 2021
Introduction
Bill No. 163 of 2021
Ministry: Women and Child Development
Status – pending
Introduced– in Lok Sabha-21st December 2021
Referred to a standing committee- on 21st December 2021.
Several members criticized government action in bringing this bill to parliament without prior consultation with stakeholders. Therefore, on the recommendation of the Minister for Women and Child development the bill was referred to a Standing Committee.
Highlights of the Prohibition of Child Marriage (Amendment) Bill, 2021
1. To raise the minimum age of women for marriage- The basic objective of this Bill is to raise the legal age of marriage for women from 18 to 21 years. If this bill is passed then the minimum legal age limitation for marriage will be the same for bride and groom i.e. 21 years. The bill amends some other laws relating to marriage to bring in the effect of minimum age as 21 years. These laws are:
· Foreign Marriage Act, 1969;
· Hindu Marriage Act, 1955;
· Special Marriage Act, 1954;
· Parsi Marriage and Divorce Act, 1936; and
· Indian Christian Marriage Act, 1872.
The period for filing the petition to annul child marriage- as per the law if bride or groom is a child (below the age of 18 years) and got married by their guardian/parent, and if both of them are not willing to continue this marriage any more after attaining majority than they can file a petition in Family Court seeking annulment of their marriage. However, the petition must be filed within two years of getting the majority i.e. 20 years of age. Now this age will be raised 20 to 23 years. In other words, child marriage can be repudiated by the age of 23 (because the legal age of marriage will be 21 years).
Overriding effect: The Bill adds that the provisions of the Act shall have an overriding effect over any other law, custom, usage or practice governing the parties to the marriage.
Contentions in favour of this Bill
The legal age of marriage should be equal for the bride and groom. Because if a girl and boys are the same age and they want to marry, the girl is 18 years and legally capable to marry but she has to wait for 3 more years when the boy will get legal age for marriage.
Population, child marriage, health issues in tender age mothers and her child are still considerable social problems in India.
Increasing the legal age for marriage can give more opportunities to a young girl for her study and career.
Contentions in against of this Bill
A person (girl or boy) can be permitted to marry if he/she gets the age of maturity. Raising the age for marriage might be lead to increase immorality or sex crime.
For voting rights, the minimum age is 18. Law considers a person as major if he/she gets the age of 18 for driving license, taking alcohol or many other things. Even a person above the age of 18 can be treated as an adult if he/she has in conflict with the law. Then why should not young folk of 18 can be permitted to get married?
Several studies show that due to various reasons the age of getting physical or mental maturity is getting low day by day. Therefore, it is time to reduce the minimum age of marriage and not to increase.
