RAISING THE AGE OF MARRIAGE FOR WOMEN FROM 18 TO 21 YEARS

AUTHOR: KANISHKA GAUR

A huge part of being a feminist is giving other women the freedom to make choices, you might not necessarily make yourself.— Lena Dunham

INTRODUCTION

On August 15, 2024, we, as Indians, celebrated 77 years of our freedom. In these 77 years of independence, India has developed drastically. In fact, India has joined the elite club of countries that have reached the moon. While we are achieving great milestones, India continues to witness a patriarchal society where gender discrimination prevails. In some parts of our country, there remains a class of individuals who do not enjoy the freedom of choice or freedom of speech.

Our Constitution grants us six fundamental rights, including the freedom of speech and expression, the right to equality, and the right to freedom. But does everyone enjoy equal rights? The answer is no. Child marriage in India remains a common practice. Even though times are changing, many still view girls as a burden, driven by poverty and lack of education. As a result, marrying off girls at an early age is often seen as a solution.

ORIGIN OF THE ACT

Child marriage is a violation of human rights, and to protect the rights of girls, the British Government enacted “The Child Marriage Restraint Act, 1929,” also known as the Sharda Act, 1929, to eradicate the practice. This was the first law designed to stop child marriages. The legislation set the minimum age of marriage at 14 years for girls and 18 years for boys.

However, there were several loopholes in the Act. Post-independence, in 1978, the legislation was amended, raising the age limit, as 14 and 18 years were too low to ensure maturity and physical health. The new minimum age for marriage was set at 18 for girls and 21 for boys. Despite these changes, the new provisions could not entirely prevent child marriages. Along with the age amendments, the government also increased the punishment for offenders.

BREAKING THE CHAINS: WHY INDIA MUST REFORM THE LAWS

Child marriage remains a critical issue in India. According to a United Nations Report, over one-third, or approximately 20 crore females, were married before the age of 18 in India. Girls married young are often victims of domestic violence, which can lead to mental health issues. They are denied education and face a higher risk of early pregnancies, worsening maternal and child mortality rates. This alarming situation demands urgent attention, as it continues to pose grave consequences for women's health and societal progress.

FROM TRADITION TO PROGRESS: BILL PASSED BY HIMACHAL PRADESH ASSEMBLY ON AUGUST 27, 2024

In today's world, women are proving their worth in every field, contributing to national pride. However, early marriages act as speed breakers in their progress and success. To reform this and create an equitable and just society, the Himachal Pradesh Government has taken a significant step.

On August 27, 2024, the Himachal Pradesh Assembly passed a bill raising the minimum age of marriage for women from 18 to 21 years. The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill was introduced by the Women Empowerment Minister, Dhani Ram Shandil, and was passed by voice vote. The new marriage age for women will be applicable across the state of Himachal Pradesh.

KEY POINTS:

• The primary aim of the bill is to promote gender equality and ensure the physical, emotional, and psychological health of women before marriage.

• The bill strives to curb the practice of child marriage, which remains a social issue in parts of India, including West Bengal, Rajasthan, and Bihar.

• By raising the marriage age, the government intends to provide more opportunities for women and reduce the risks of early pregnancies, which can lead to various health complications.

  
  

CONCLUSION

Marriage is a pure and sacred institution—the union of two individuals who gain social and legal recognition. India has long been a witness to a patriarchal society and a male-dominated era. Although we gained freedom in 1947, and it has been 77 years since our Azadi, not all citizens enjoy complete freedom. To improve the status of women in India, the government has taken several initiatives and continues to work in the interest of women.

The recent reform of raising the legal age for women’s marriage to 21 years is a commendable move but will not entirely change the situation. The Himachal Pradesh Government's decision is a significant and proud step toward achieving a more equitable society and promoting gender equality. This reform serves as an inspiration for other states to follow.

However, the reality on the ground is far different from what we might think. Educating people about women’s empowerment and promoting girl-child education are crucial steps toward achieving this change. These initiatives will contribute to the overall development of the nation and boost GDP growth. Changing deep-rooted societal mindsets is a slow process, but it is a challenge we must embrace, starting with ourselves