Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024

Source: The post prohibition of child marriage (Himachal Pradesh Amendment) Bill, 2024 been created, based on the article “Why has H.P. raised the marriageable age for women?” published in “The Hindu” on 5th August 2024

UPSC Syllabus Topic: GS paper1- society- child marriage

Context: The article discusses a new Himachal Pradesh Bill that raises the minimum marriageable age for women from 18 to 21. It aims to promote gender equality and women’s welfare. The Bill requires the President’s approval due to conflicting national laws.

For detailed information on Raising the legal age of marriage for women read this article here

What are the Key Provisions of this Bill?

1. Redefining “Child”: The Bill redefines a “child” as anyone under 21, regardless of gender.
2. Extended Petition Period: It increases the time for filing annulment petitions to five years, up from two, allowing individuals more time to contest marriages entered into as minors.

What are the Reasons for Passing this Bill?

1. Gender Equality: The Bill removes the distinction between men and women by setting a uniform marriageable age of 21.
2. Women’s Welfare: The government sees the Bill as a progressive step to empower women and improve their health by reducing early pregnancies and motherhood.
3. Education and Opportunities: By delaying marriage, the Bill aims to prevent early marriages that obstruct girls’ education and future potential.

What are the Implications of this Bill?

1. Legal Implications: The Bill introduces a conflicting marriageable age with the national law (Prohibition of Child Marriage Act, 2006), which defines the minimum marriage age for women as 18. Since marriage laws fall under the Concurrent List (Entry 5), this discrepancy requires the President’s assent (Article 254) to give the state law precedence over the central law within Himachal Pradesh.
2. Concerns: Critics argue that raising the age could lead to increased criminal prosecutions, especially involving parental control over daughters’ marriage choices. Historical data shows that child marriage laws have often been used by parents against eloping daughters, raising concerns about how the new law might intensify such cases.
3. Previous bodies like the 2008 Law Commission and the National Human Rights Commission in 2018 recommended a uniform marriageable age of 18 for both men and women, diverging from this Bill’s approach.

Question for practice:

Examine the implications of the Himachal Pradesh Bill raising the marriageable age for women to 21 in relation to the national law.