New Delhi, December 21
A bill that seeks to fix 21 years as the uniform age of marriage for women and men was introduced in Lok Sabha on Tuesday with Union Minister Smriti Irani terming it a “decisive step” in the country’s history, while some experts stressed that legislative changes alone will not solve the problem of early marriages unless its root causes are addressed.
The introduction of the Prohibition of Child Marriage (Amendment) Bill, 2021 was opposed by some members who contended that it infringed upon several personal laws and was in violation of fundamental rights. The bill was referred to a parliamentary panel for greater scrutiny.
Experts are divided on the issue of raising the age of marriage for women with some saying it will go a long way in empowering women and some others laying emphasis on addressing the root causes behind early marriages such as lack of education and poverty.
Addressing a rally in Prayagraj in Uttar Pradesh, Prime Minister Narendra Modi said, “We are trying to increase the age of marriage of women to 21 years so that they can have time to study and progress. The country is taking this decision for its daughters. Everyone is seeing who is having problems with this.”
Soon after the introduction of the bill, Women and Child Development Minister Irani urged the Chair to refer it to a standing committee.
The bill seeks to increase the legal age for women to marry to 21 years, bringing it at par with those of men.
It seeks to amend seven personal laws—the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act, the Muslim Personal Law (Shariat) Application Act, the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act.
Irani said the bill also seeks to override all existing laws, including any custom, usage or practice governing the parties in relation to marriage.
Opposition members hit out at the government for the introduction of the bill in a hurry and without any consultation with stakeholders.
Congress leader Adhir Ranjan Chowdhury said the manner in which the bill was introduced was reflective of the nefarious intentions of the government of not holding any consultations.
Congress deputy leader in Lok Sabha Gaurav Gogoi said the provisions of the bill were contrary to the Law Commission recommendations that had suggested making 18 years as the uniform marriageable age for men and women.
IUML member E T Mohammed Basheer said the bill was unwanted, unconstitutional and violative of Article 25 of the Constitution.
“This bill is an attack on the personal laws and fundamental rights,” he said.
AIMIM leader Asaduddin Owaisi termed the bill a retrograde step.
At 18 years, a girl can choose prime minister, have live-in relationship, have sexual relations, but the government is denying her the right to marriage, Owaisi said.
RSP member N K Premachandran said the government should spell out how it plans to make the law enforceable.
Responding to the opposition, Irani said that had the opposition members heard her patiently, they would have known that the government was ready to refer the bill to the standing committee.
“As a democracy, we are 75 years late in providing equal rights to men and women to enter into matrimony,” she said.
Irani said that seven per cent of the girls aged between 15 and 18 years were found to be pregnant and nearly 23 per cent of the girls were married below the age of 18 years.
“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,” she said in the statement of objects and reasons of the bill.
The amendments to the bill will become effective two years from the date it receives Presidential assent so as to provide sufficient opportunity to one and all in the collective efforts and inclusive growth, and to make effective other provisions immediately.
Welcoming the tabling of the bill in Lok Sabha, National Commission for Women Chairperson Rekha Sharma said it will go a long way in empowering women.
“It’s important to know the ‘self’ before deciding to share your life with someone else. It gives one time to introspect and understand what one is. By delaying the marriage age, women can now explore what they want, what their dreams and aspirations are, and what goals they want to achieve,” she added.
Puja Marwaha, CEO of CRY, however, said legislative changes will not be able to resolve the existing problems in the long run.
“Instead, addressing the root causes that perpetuate this harmful practice of child marriage would be a more sustainable solution to end the practices,” she said.
“Ensuring free and compulsory quality education as a legal right up to the age of 18 years, universal access to sexual and reproductive health services, nutrition counselling, addressing gender norms and building agency through life-skills education for adolescent girls are the need of the hour,” Marwaha added.
Mini Varghese, Country Director, Nutrition International, India, said increasing the age of marriage in India is a welcome step.
Amita Pitre, Lead Specialist, Gender Justice, Oxfam India, had earlier said the minimum age of marriage has been 18 years since 1978.
“Clearly law alone is not successful in raising the age of marriage. In upper and middle classes, girls marry much beyond the age of 21 years…. Other factors such as education and better standards of living due to reduction in poverty have helped steadily increase the age of marriage for girls from 1990s onwards,” she said.
“However, instead of focusing on those factors which work, the government is again focusing on criminalising marriage below 21. It by itself is not only ineffective, but also harmful,” she added.
