Himachal Pradesh raised marriage age, needs presidential assent.

WOMEN’S MARRIAGE AGE

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Context:

The Himachal Pradesh Assembly passed a Bill to raise the minimum age of marriage for women from 18 to 21 years.

Key Amendments introduced in the bill

Equal Age Definition

●Under the original Prohibition of Child Marriage (PCM) Act, 2006 there was gender discrimination as it prescribed different marriageable ages for males and females.

21 years by law for men in comparison with 18 years minimum legal requirement for women to get married.

●The Himachal Pradesh Bill removes gender-based discrimination, now the age of legal marriage is 21 years; equal for men and women, to ensure gender equality.

Redefining child marriage

●The Bill includes a new provision that says the increased marriage age of 21 for women will prevail over any other inconsistent local law, custom or practice.

●The new legal standard covers Himachal Pradesh and prevents any customary or religious exemptions.

●Section 18A is inserted to give effect to this overriding nature of the central PCM Act.

Extended Petition Period

●Previously certified child marriages could be voided if they were brought by a person who was still a minor at the time of marriage — within two years after reaching legal age (20 for women and 23 for men).

The Bill increases this time to 5 years, so individuals can seek annulment before they turn 23.

Significance of the bill

Early marriage obstructs higher education and work opportunities. The Bill seeks to offer women greater opportunities in education and work by raising the marriage age.
Women can suffer from health problems due to early marriage and motherhood. The Bill would help curtail this by raising the minimum age of marriage till women are older enough & more physically mature.

Steps involved in implementing the Bill

The Bill will have to be sent for the assent of the Governor of Himachal Pradesh after passing by the state Assembly.
- - The Governor can either give assent to the Bill, return it for reconsideration, or reserve it for the President’s review.
As the Bill has introduced provisions which conflict with the basic PCM Act, the Governor may reserve it for the President's consideration.
According to Article 254(2) of the Constitution, if a state law conflicts with a central law, it must be reserved for the President’s approval.
The President will review the Bill and decide whether to give assent or withhold it.

Source:

INDIAN EXPRESS

PRACTICE QUESTION

Q. Analyse the potential impact of increasing the minimum marriage age for girls to 21 on socio-economic factors like women's empowerment, education, and economic participation. Include supporting examples.