In an important development, the Union Cabinet has approved a proposal aimed at bringing equality in the marriageable age for men and women. To implement this, amendments will be made to the Prohibition of Child Marriage Act (PCMA), 2006 and other relevant laws. Consequently, the legal marriage age for women will increase from 18 to 21 years. This decision is primarily based on recommendations presented by a task force led by former Samata Party leader Jaya Jaitly.
Historical Overview and Legal Framework
The Sarda Act of 1929 was the first law in India to prescribe a minimum age for marriage. It later became the Child Marriage Restraint Act (CMRA) and, in 1978, the stipulated age of marriage was raised to 18 for girls and 21 for boys. This mandate continues to exist under the latest law, the Prohibition of Child Marriages Act (PCMA), enacted in 2006.
The Hindu Marriage Act, 1955 sets the minimum age of marriage at 18 for brides and 21 for grooms. In contrast, Islamic law considers the marriage of a minor who has reached puberty to be valid. The Special Marriage Act, 1954 and the PCMA, 2006 both prescribe 18 and 21 as the minimum ages of marriage for women and men, respectively.
The Advantages of Increasing Women’s Legal Marriage Age
Raising the minimum age of marriage for women can have several potential benefits. Firstly, it may contribute to improved welfare for women and children, especially in poverty-stricken families. Early marriages and pregnancies can negatively impact the nutritional levels and overall health of mothers and their children.
Secondly, older maternal age can have positive effects on the mother’s education level, living conditions, health, and decision-making power, promoting women’s empowerment and gender equality. Finally, this proposal may help tackle child marriage, a pressing issue in India.
Challenges in Implementing Higher Marriage Age for Women
While raising the minimum age for marriage might have benefits, implementation could prove challenging. Evidence suggests that existing laws combatting child marriage have had limited success due to their propensity to penalise self-arranged marriages amongst young adults. Despite declining rates of child marriage, progress has been minimal, and the problem is particularly prevalent in underprivileged communities.
Additionally, increasing the minimum age for marriage could potentially criminalise a large number of marriages and leave many Indian women without legal protection. Moreover, lack of educational opportunities seems to be a more critical issue, with a high percentage of uneducated or minimally educated young women getting married prematurely.
Future Directions
Activists suggest that efforts should focus on boosting accessibility to education as a means to delay child marriages, viewing it primarily as a socioeconomic issue. Measures such as skills and business training and school-based sex education could prove helpful. Enhancing access to schools and colleges for girls, including providing transportation for those living in remote areas, is another significant step.
Lastly, a large-scale awareness campaign could educate the public about the increase in the marriage age and encourage social acceptance of the new legislation. This could potentially be more effective than coercive measures.