Raises the minimum marriageable age for women from 18 to 21 years.
To amend the Prohibition of Child Marriage Act, 2006 (referred to as the 2006 Act) and promote gender equality.
Himachal Pradesh becomes the first state in India to legislate the increase of the marriageable age for women to 21 years.
Reason for Passing the Bill:
Sukhvinder Singh Sukhu emphasized the Congress government’s dedication to women’s welfare.
Dhani Ram Shandil, Health, Social Justice, and Empowerment Minister, highlighted that early marriages hinder girls’ education and growth potential.
The Bill aims to reduce early pregnancies and motherhood, which negatively affect women’s health.
Key Provisions of the Bill:
Redefinition of a Child:
Current Definition (2006 Act): A “child” is defined as a male under 21 years and a female under 18 years.
New Definition: A “child” is redefined as a male or female under 21 years, removing the gender-based distinction.
Under Section 3 of the 2006 Act, individuals married as minors can file for annulment within two years of reaching adulthood (before turning 20 for women and 23 for men).
The Bill extends this petition period to five years, allowing women and men to file for annulment until the age of 23, aligning with the new marriageable age.
A new provision ensures that the Bill’s provisions override any conflicting existing laws.
Typically, the Bill would only require the Himachal Pradesh Governor’s approval to become law.
Since the Bill changes the minimum marriageable age for women, it conflicts with the central law (the 2006 Act), creating a potential issue under Article 254 of the Constitution.
Article 254(1): If a state law conflicts with a central law on a subject from the Concurrent List (which includes marriage and divorce), the state law is deemed void unless it gets special approval.
Article 254(2): For the state law to take effect, the Bill must be reserved for the President’s consideration and receive the President’s assent.
Once assented, the state law will apply in Himachal Pradesh, even if it contradicts the central law.
Raising the marriageable age for women to 21 could lead to an increase in criminal prosecutions involving young women and their partners.
Based on research by the Partners for Law in Development, child marriage laws are often used by parents to control daughters who elope, and to punish the men they choose to marry.
An increase in the marriageable age would extend the period during which girls could face legal action (up until age 21).
Law Commission Report (2008):
The Law Commission recommended a uniform marriageable age for both men and women, set at 18 years.
National Human Rights Commission (2018):
The NHRC also proposed setting a uniform marriageable age of 18 years for both genders.
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