Current Affairs 2022: Prohibition of Child Marriage (Amendment) Bill, 2021

By Ankita Rawat

The proposed amendment in the Prohibition of Child Marriage Act will have long term repercussions and hence the bill was directed to the Parliamentary Committee. See here in detail about the provisions of the bill.

On December 15, 2021, the Union Cabinet introduced 'The Prohibition of Child Marriage (Amendment) Bill', 2021 to raise the legal age for marriage from 18 to 21 for women, this act will be applicable for all the communities, and once passed, will substitute existing personal and marriage laws in India.

The Bill was introduced by Smriti Irani, Union Minister for Women and Child Development in Lok Sabha, the bill which aims amendments to the 2006 law was forwarded to Parliamentary Standing Committee for further debate.

Provisions of the Amendment Bill

The Proposed Amendments for Prohibition of Child Marriage (Amendment) Bill, 2021 includes-

1. Equal Minimum age of Marriage- The Bill aims to amend the definition of a ‘Child’ in Section 2(a) which means “a male or female” who is below 21 years of age. The Prohibition of Child Marriage (Amendment) Bill, 2021 aims the minimum age of marriage for both men and women is the same. This will improve the health and social index such as maternal mortality, infant mortality, and nutrition levels among children and mothers.

2. Strengthen window for filing an appeal to announce a child marriage void- The Bill has increased the window for filing a petition to declare a marriage void for a “child”. Currently, Section 3(4) of the Prohibition of Child Marriage Act allows women to file petitions for declaration of child marriage as void before turning 20 for women and 23 for men. The Prohibition of Child Marriage (Amendment) Bill 2021 was proposed to raise the window for both men and women by five years after completing the age of 18.

3. Voidable Child Marriage- According to the law, child marriages are illegal and also voidable. Child marriage will be declared null and void when one party to the marriage files a petition under Article 3(4) of the 2006 Prohibition of Child Marriage Act. The meaning of “void” marriage in legal terms means that marriage had never happened.

4. Introducing “Notwithstanding” clause- The clause provides an equal application of the “Prohibition of Child Marriage Act” throughout religions, notwithstanding customs.

Points against such provisions

The Associated Concerns for Prohibition of Child Marriage (Amendment) Bill, 2021 includes-

1. As the age of majority is 18, the increase in the age of marriage is considered a paternalistic approach by the state in the personal issues of an individual.
2. The critics consider that the application of child marriage law throughout faiths has also set a priority for the state’s intervention in personal laws.
3. Violating Article (25) of the Constitution- Many consider that the Bill is a violation of Article (25) of the Constitution. Article (25) guarantees the freedom of free profession and conscience, practice, and propagation of religion.
4. The increase of the minimum age of marriage will further drive many marriages to the verge of marginalizing vulnerable sections and illegality.
5. The existing Act will not make child marriage illegal and there will be no benefit for women with the increase in age of marriage.
6. It would bring those who aid the marriage of a woman above the age of 18 under the range of a law that will authorise imprisonment up to two years.

Further, the Prohibition of Child Marriage (Amendment) Bill, 2021, requires many significant changes to several personal laws for the marriage of different communities to make sure a uniform marriage age. The Bill needs to amend severe personal laws including the Parsi Marriage and Divorce Act, the Hindu Marriage Act, the Indian Christian Marriage Act, the Muslim Personal Law (Shariat) Application Act, the Foreign Marriage Act, and the Special Marriage Act.

The Bill is a progressive and positive step toward the right direction and is considered as the indication of social change. Our society owes the young generation the opportunity to nurture, grow, develop to their maximum potential instead of trapping them in the early age marriage based on old customs and traditions that lead to chronic poverty and increase the number of uneducated youth.

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About the Author

  Ankita Rawat is doing graduation in BA(JMC) from JIMS Vasant Kunj, New Delhi.