Sansad TV: Prohibition of Child Marriage (Amendment) Bill, 2021 | Gist of Rajya Sabha TV / RSTV (now Sansad TV) - UPSC PDF Download

Introduction

The Prohibition of Child Marriage (Amendment) Bill, 2021 aims to raise the minimum age of marriage for females from 18 to 21 years.

Context:

• Based on the National Family Health Survey 2019-21 (NFHS-5), it was found that 23% of women aged 20 to 24 were married before the age of 18.
• This percentage has significantly decreased over the years, from 47% in NFHS-3 (2005-06) to 27% in NFHS-4 (2015-16), and further down to 23% in the latest survey.
• In India, the practice of child marriage was initially prohibited through the Child Marriage Restraint Act of 1929, which set the minimum age at 14 for girls and 18 for boys.
• The Act was amended in 1978 to increase the minimum age to 18 for females and 21 for males.
• The Prohibition of Child Marriage Act of 2006 replaced the 1929 Act, maintaining the same minimum age limits.
• The Prohibition of Child Marriage (Amendment) Bill, 2021 seeks to further raise the minimum age of marriage for females to 21 years. It was referred to the Standing Committee on Education, Women, Children, Youth, and Sports on December 21, 2021.
• In June 2020, the central government established a task force, chaired by Ms. Jaya Jaitly, to examine the relationship between age of marriage and motherhood and its impact on various health and demographic indicators.
• The task force was also tasked with proposing measures to promote higher education among women. According to news reports, the committee submitted its report in December 2020, recommending an increase in the age of marriage for females to 21 years.

Key Features

• Raising the age of marriage for females: The Prohibition of Child Marriage Act, 2006 stipulates that the minimum age of marriage is 21 years for males and 18 years for females.
  • The Bill proposes increasing the minimum age for females to 21 years. It also clarifies that the provisions of the Act take precedence over any other law, custom, usage, or practice.
• Extension of the time period for filing petitions to annul child marriage: Under the 2006 Act, individuals who are married before the minimum age can seek to annul the marriage. The petition must be filed within two years of reaching adulthood (i.e., 20 years of age). The Bill extends this period to five years (i.e., 23 years).

Key Issues and Analysis

• Setting the minimum age of marriage at 21 years surpasses the minimum age of adulthood (18 years). The Supreme Court has affirmed that marriage is a fundamental right for adults. The question arises whether prohibiting marriage for individuals between 18 and 21 years constitutes a reasonable restriction on their right to marry.
• Despite the minimum age of marriage being 18 years since 1978, around a quarter of women aged 20-24 are still married before the age of 18. The limited effectiveness of the current law raises doubts about whether increasing the minimum age would significantly reduce the prevalence of child marriage.