Recent news has drawn significant attention towards India as the nation’s Prime Minister addressed the populace on its 74th Independence Day. One of the main highlights of his address was the announcement of a central government initiative to reconsider the minimum marriageable age for women, which currently stands at 18.
Information on the Established Committee
On June 2nd, 2020, the Union Ministry for Women and Child Development set up a committee with a primary aim to look into issues related to the age of motherhood, the significance of decreasing the Maternal Mortality Ratio and improving overall nutritional levels among women. This committee is spearheaded by Jaya Jaitely and was first proposed in the Union Budget 2020-21.
The key tasks of this committee include evaluation of the relationship between the age of marriage and motherhood with health, medical well-being, and nutritional state of the mother and neonate, infant or child, during gestation, delivery, and beyond. Important parameters such as Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR), Total Fertility Rate (TFR), Sex Ratio at Birth (SRB), and Child Sex Ratio (CSR) will also be studied. The committee will in addition, contemplate on increasing the marriageable age for women from the current 18 years to 21 years.
Connection between Age of Marriage and Nutritional Status
The International Food Policy Research Institute conducted a study in 2019 that highlighted important correlations. It was found that children born to adolescent mothers (10-19 years) were likely to be stunted than those born to young adults (20-24 years) and adult mothers (25 years or older). Factors such as lower education level among teenage mothers and their poor economic standing were also noted to have strong links with a child’s growth and weight measures.
Arguments against Increasing the Minimum Age of Marriage for Women
Contrary opinions arise from groups such as The National Coalition Advocating for Adolescent Concerns that argue the increase in legal age of marriage for girls would render underage married girls without legal protection. They suggest transformative, well-resourced measures that improve girls’ access to education and health care, creating opportunities and focusing on girl empowerment as alternatives.
The Current Marital Legalities in India
At present, age limits for marriage, as defined by The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006, are set at 18 and 21 years for women and men respectively. These laws mainly aim to outlaw child marriages and prevent abuse of minors. However, they’re distinct from the age of majority which is gender-neutral and set at 18 years as per the Indian Majority Act, 1875. Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
Historical Context and Challenges to the Law
The Indian Penal Code enacted in 1860 criminalised sexual intercourse with a girl below the age of 10. It was not until 1929, through the Child Marriage Restraint Act, that the minimum ages of 16 and 18 years were set for girls and boys respectively. These laws have faced challenges on grounds of discrimination as they violate Articles 14 and 21 of the Constitution which guarantee the right to equality and the right to live with dignity.
Implication and Way Forward
Despite laws enforcing minimum age and criminalizing sexual intercourse with minors, child marriages are still rampant in India. According to UNICEF estimates, India is home to the highest number of child brides globally, accounting for a third of the global total. Early pregnancies have been associated with increased child mortality rates and it affects the health of the mother. The government needs to focus more on the woman’s health and readiness to carry a child. They also need to push for economic and social empowerment of women and girls as well as undertake targeted social and behavioural change communication campaigns. Increasing the minimum age of marriage could also lead to gender-neutrality.
