On Tuesday(27th August), The Himachal Pradesh Legislative Assembly has passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Act, 2024, raising the legal marriage age for women from 18 to 21 years. This landmark decision aims to advance gender equality and expand educational and professional opportunities for women.
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SHIMLA: On Tuesday(27th August), The Himachal Pradesh Legislative Assembly made a landmark decision by passing the Prohibition of Child Marriage (Himachal Pradesh Amendment) Act, 2024, which aims to increase the legal marriage age for women from 18 to 21 years. This legislative move is a significant step toward ensuring gender equality and enhancing the educational and professional opportunities for women across the state.
Background and Purpose of the Bill
The newly passed bill seeks to amend the existing Prohibition of Child Marriage Act, 2006. The original Act was designed to prohibit the solemnization of child marriages and set the minimum legal marriage age for women at 18 years and for men at 21 years. However, the Himachal Pradesh government recognized that raising the minimum marriage age for women is necessary to address ongoing social challenges.
As stated in the bill-
“It is proposed to amend the Prohibition of Child Marriage Act, 2006, along with other related statutes in Himachal Pradesh, to raise the minimum marriage age for girls to 21 years.”
This change reflects a growing awareness of the detrimental effects of early marriage on women’s physical and professional development.
Rationale Behind the Amendment
The decision to raise the minimum marriage age for women was motivated by several factors, primarily the need to ensure gender equality and provide young women with better opportunities to pursue higher education and establish careers.
The bill explicitly states-
“Women are advancing in every field today, but early marriages significantly hinder their career progress and physical development. To foster gender equality and facilitate access to higher education, raising the minimum marriage age for girls is crucial.”
By increasing the legal marriage age, the Himachal Pradesh government aims to mitigate the adverse effects of early marriage, which often leads to early pregnancies and health complications for young women. Additionally, the amendment aligns with broader efforts to empower women and promote gender equality.
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Key Amendments in the 2024 Bill
The Prohibition of Child Marriage (Himachal Pradesh Amendment) Act, 2024 introduces several key changes to the existing law:
- Redefinition of “Child”: Under the amended Section 2, the definition of a child now includes any male or female who has not completed the age of 21 years, a significant increase from the previous threshold of 18 years.
- Extended Period for Annulment: Section 3(3) has been modified to extend the period during which a marriage below the legal age can be annulled. The bill states, “The petition under this section can be filed at any time, provided it is done before the child reaches the age of two years after attaining majority.” This change allows individuals more time to seek annulment of child marriages, acknowledging the complexities involved in such decisions.
- Overriding Effect of the Act: The bill introduces a new Section 18A, which gives the Act an overriding effect, ensuring that it takes precedence over any other existing laws. The provision reads, “The provisions of this Act shall take precedence over any conflicting or inconsistent provisions in other laws currently in force, including any customs, usages, or practices governing the parties.”
The bill was presented by Health, Social Justice, and Empowerment Minister Dhani Ram Shandil during the two-week monsoon session of the Himachal Pradesh Assembly. Although the bill was initially introduced during the February budget session, it was not passed at that time. However, on August 27, the bill received approval through a voice vote, marking a significant legislative victory.
Minister Shandil emphasized the importance of the amendment, stating that it is essential for ensuring gender equality and providing women with greater educational opportunities.
He pointed out that-
“Early marriages hinder girls’ education and development, while early pregnancies impact their health.”
The bill, therefore, seeks to address these pressing issues by raising the minimum marriage age to 21 years.
Following its approval in the Assembly, the bill will now be forwarded to Governor Shiv Pratap Shukla for assent. Once signed into law, Himachal Pradesh will become one of the first states in India to implement this significant change, setting a precedent for other states to follow.
The Himachal Pradesh Amendment Bill aligns with broader national efforts to standardize the minimum marriage age for both men and women at 21 years. In December 2021, the Prohibition of Child Marriage (Amendment) Bill, 2021, was introduced in the Lok Sabha with the same objective. However, the bill was referred to the Standing Committee on Education, Women, Children, Youth, and Sports, which faced multiple extensions in reviewing the proposal. Unfortunately, with the dissolution of the 17th Lok Sabha, the central bill lapsed earlier this year.
