The law imposes a minimum age of marriage to essentially prohibit child marriage and prevent abuse of minors. For Muslims, the marriage of a minor who has reached puberty is considered valid. This is assumed when the bride or groom reaches the age of 15. Narendra Modi`s government has decided to review the age of marriage for women for a number of reasons, including gender neutrality. An early age of marriage and the resulting early pregnancies also impact the nutritional levels of mothers and their children, as well as their overall health and psychological well-being. It also impacts infant and maternal mortality rates, as well as the empowerment of women who are cut off from access to education and livelihoods after early marriage. In many Western countries, for example Australia, the majority of states in the United States, the minimum age of marriage is 18. In addition, young Indians between the ages of 18 and 21 can vote, drive, represent the country at sporting events and appear in films considered “adult only”. Therefore, the wise reform in India should be to make 18 the minimum age of marriage for men and women, regardless of their religion.
Child marriages are therefore not null and void. The marriage can only be annulled by a court if the minor party (minor women/their relatives) submits an application. The committee recommended raising the age of marriage to 21 based on feedback received from young adults at 16 universities across the country. More than 15 NGOs have also been engaged to reach young adults in remote areas and marginalized communities. The Union`s cabinet decided on Wednesday (15 December) to raise the legal age of marriage for women from 18 to 21. The legal age of marriage for men is 21. For the new age of marriage to be introduced, these laws must be amended. The Centre has decided to raise the legal age of marriage for women from 18 to 21 – The Child Marriage Prohibition (Amendment) Act 2021 amends the definition of a child to “a man or woman who has not yet attained the age of twenty-one”. Scientifically, the decision-making frontal lobe region in the brain develops between the ages of 18 and 20 and does not mature until the age of 25. Until the age of 25, the risk management and long-term planning skills of the human brain do not come into play. Thus, raising the age of marriage is not only about making choices, but also about improving emotional regulation and maturity. If this is the case, the minimum age for men and women should be 25 years.
The age of marriage should apply uniformly to all religions, castes, beliefs and take precedence over all customs or laws aimed at discriminating against women. With this decision, the government will put the age of marriage for men and women on an equal footing. Reduce self-chosen marriages: Today, more and more young adult couples are opting for self-chosen marriages across castes and communities, often without parental support. If passed, the law will deprive her of this right until the age of 21. “While raising the legal age of marriage for women is a step towards achieving gender equality, it is more important to focus on the effective implementation of existing policy frameworks and laws.” Discuss. The recently released National Family Health Survey (NFHS) found that child marriage in the country decreased slightly from 27% in 2015-16 to 23% in 2019-20, but the government has lobbied to further reduce this number. Replicate the best performing state: Niti Aayog recently awarded the Odisha government the SKOCH Award for Addressing Child Marriage by empowering young people and declaring villages free of child marriage. Such practices must be replicated by other States.
In June 2020, the Ministry of Women and Child Development established a working group to investigate the relationship between age of marriage and issues of women`s nutrition, prevalence of anaemia, IMR, MMR and other social indices. www.thehindu.com/news/national/house-panel-on-bill-to-raise-marriage-age-holds-its-second-meeting/article65317953.ece For example, the High Court of Punjab and Haryana has ruled that the marriage of a minor is considered valid if the person who was a minor at the time does not invalidate it when he or she reaches the age of majority. Marital Rape Blind Spot: In Independent Thought v. Union of India (2017), the Supreme Court recognized the marital rape of a minor wife. On the other hand, husbands of adult wives may enjoy blanket immunity from accusations of marital rape. This is a blind spot in the law that needs to be corrected when the legal age of marriage is raised. Criminal laws do not create social change: the age of marriage was set at 18 in 1978, but child marriage only began to decline in the 1990s. So laws could end up being coercion.
Many girls will be able to complete their education and employability will increase, maternal and child mortality will decrease and child marriage will decrease. For Hands: It examines the pros and cons of the Union`s cabinet, which adopts a proposal for uniformity in the marriageable age of men and women. (3) Improving educational reach: The answer to the delay in child marriage lies in access to education, as the practice is a social and economic issue. The government made this decision based on the recommendations of the committee headed by Jaya Jaitly. The committee said the recommendation is not based on the rationale for population control (India`s overall fertility rate is already declining), but rather on strengthening the role of women and gender parity. However, there are concerns about raising the legal age of marriage for women. According to UNICEF, India is home to one in three child brides worldwide, with more than 100 million of them marrying before they turn 15. Given the goal of ending child marriage by 2030 as part of the Sustainable Development Goals, this step is a step in the right direction.
The EU Cabinet`s proposal to unify the age of marriage for men and women is certainly a step towards achieving SDG Goal 5, which calls on nation states to formulate measures to achieve gender equality. Home » Cabinet approves raising legal age of marriage for women to 21 Response to the recommendation of the Legal Affairs Committee: In 2008, India`s 18th Law Commission called for a uniform definition of “child” in all laws. The Commission reviewed child marriage laws from different countries and international treaties that require the elimination of child marriage. The Commission recommended that the legal age of marriage for girls and boys be 18 years. Negative impact on marginalized communities: Experts found that 70% of early marriages (between the ages of 18 and 20) take place in disadvantaged communities such as scheduled castes and scheduled tribes. The increasing legal age will make them offenders. The Special Marriage Act of 1954 and the Child Marriage Prohibition Act of 2006 also require that the minimum age of marriage be set at 18 and 21 years for women and men respectively. For the new age of marriage to be introduced, these laws would have to be amended. In a landmark decision by Dhannu Lal v.
Ganeshram, the Supreme Court ruled that two people living together and living in a life relationship are not delinquents. Raising the legal age of marriage for women will further foster a culture of relationships. Even the courts have different opinions on personal law and special law. For example, in February this year, the High Court of Punjab and Haryana granted protection to a Muslim couple (a 17-year-old girl married to an adult man) because it was a legal marriage under personal law. Poverty, unemployment, insecurity due to increasing cases of sexual violence against minors and demands for dowries are the main reasons for child marriage. For Hindus, the Hindu Marriage Act of 1955 sets 18 as the minimum age for brides and 21 as the minimum age for groom. In Islam, the marriage of a minor who has reached puberty is considered valid. Child marriage is illegal in India but not void: If a court finds that a minor has been forced to marry by his or her parents or guardians, the provisions of the Juvenile Courts (Care and Protection of Children) Act come into force to retain custody of the minor until he or she reaches the age of majority and can make a decision on the marriage. The Jaya Jaitly Committee itself recommended the following to raise the legal age for women: Child marriage ends childhood. It has a negative impact on children`s rights to education, health and protection. These consequences affect not only the girl directly, but also her family and community. Recently, the EU cabinet adopted a proposal to raise the legal age of marriage for women from 18 to 21 – the same as for men.
The government sees the bill as a strong measure to put women and men on an equal footing, in line with the vision of the right to equality. The change in the age of marriage will enter into force two years after the approval of the President. A large portion of the population pushes for illegal marriages: While 23% of marriages involve wives under the age of 18, many more marriages take place before the age of 21. In addition, the median age at first marriage of women aged 20 to 49 increased from 17.2 years in 2005/2006 to 19 years in 2015/2016. But still, it remains below 21. A study by the International Center for Research on Women found that girls who are out of school are 3.4 times more likely to be married or to have already fixed their marriage than girls who are still in school. (2) Measures should be taken to combat early pregnancy, rather than focusing on the age of marriage, by expanding family planning and reproductive health support, focusing on pregnancy preparation and delaying the first birth.
