Raising Legal Age of Marriage Upsc
Focus on poverty reduction programmes: Child marriage is reported to have increased during the pandemic due to poverty and lack of access to schools. Therefore, the Government must ensure the continuation of poverty reduction programmes, particularly in rural areas. The minimum age of marriage is different from the age of majority, which is gender-neutral. Under the Prevention of Child Marriage Act, any marriage before the prescribed age is illegal and perpetrators of forced child marriages can be punished. 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. The proposal to raise the legal age for women to marry brings “huge” economic and social benefits to India, according to a report by the State Bank of India. The report counts benefits such as reducing maternal mortality and improving nutritional levels in the near future to enable more girls to go to university and give women greater financial independence in the long term. 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. 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.
Note: The minimum age of marriage was first established by the law known as the Sarda Act of 1929. It was later renamed the Child Marriage Restraint Act (CMRA), 1929. 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. “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 Committee also recommended that a broad awareness-raising campaign be conducted on raising the age of marriage and promoting social acceptance of the new legislation, which they believe would be much more effective than coercive measures. Child and women`s rights activists, as well as population and family planning experts, have spoken out against raising the age of marriage for women, as such a law would push a large part of the population into illegal marriages. For example, the High Court of Punjab and Haryana ruled that a minor`s marriage 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. Many girls will be able to complete their education and employability will increase, maternal and child mortality will decrease and child marriage will decrease. 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 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. 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. For the new age of marriage to be introduced, these laws must be amended. 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.
Moreover, not all child marriages are prosecuted in India. For example, data from the National Crime Record Bureau indicates that in 2020, only 785 cases were recorded under the child marriage ban. This number was 523 in 2019 and 501 in 2018. The Committee should consider raising the age of marriage and its impact on the health of women and children, as well as improving women`s access to education. The committee should also recommend a timeline for the implementation of the policy, as well as changes that would need to be made to existing legislation to achieve this. Poverty, unemployment, insecurity due to increasing cases of sexual violence against minors and demands for dowries are the main reasons for child marriage. 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`s still less than 21. Let`s take a detailed look at the threat of child marriage in India and the reasons for the government`s decision. 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.
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. The law imposes a minimum age of marriage to essentially prohibit child marriage and prevent abuse of minors. 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”. 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. Interstate variation in age of marriage: According to SRS data from 2018, West Bengal, Madhya Pradesh, Bihar, Odisha and Rajasthan were the worst in terms of effective age of marriage.