Raising Legal Age Of Marriage

The Union Cabinet passed a proposal in December 2021 for increasing the legal marriage age for women from 18 years to 21 years. This decision is based on the recommendation of a committee constituted by the Ministry of Women and Child Development under the chairmanship of Jaya Jaitly.

• The committee was asked to study the correlation of age of marriage and motherhood with health, medical well-being and nutritional status of mother and child during pregnancy, birth and thereafter and key parameters like Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR), Total Fertility Rate (TFR), etc.
• Present Age of Marriage for Women: Under the Hindu Marriage Act, 1955 the legal age of marriage for women is 18 years. Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 as the minimum age of consent for marriage for women.
• Status with respect to Child Marriage: Child marriages are not illegal but can be declared void at the request of the minor in the marriage.

Need for Raising the Legal Marriage Age

• The National Family Health Survey has found that 23.3 per cent of women in the age group of 20 to 24 years were married before they turned 18.
• It also reveals that 7 per cent of women in the 15-18 years age group were bearing a child. Despite laws and strict provisions, child marriage continues to be practised.
• About 6.8 per cent of women in the age group of 15-19 years were already mothers or bearing a child at the time of the survey. Estimates suggest that each year, at least 1.5 million girls under 18 get married in India.
• According to NFHS data, a quarter of women of reproductive age in India are undernourished. It is well known that an undernourished mother inevitably gives birth to an undernourished baby, perpetuating an intergenerational cycle of undernutrition.

Arguments in favour of Increasing Legal Age of Marriage

1. International Commitments
   • It will aid in implementing the targets under Sustainable Development Goal 5 of the United Nations.
   • It is in line with the principles of Convention on the Elimination of All Forms of Discrimination Against Women which strictly forbids child marriage and asks governments to identify and enforce the minimum marriage age for women. India has ratified the convention in 1993.
2. Health and Nutrition: Increasing the marriage age will have positive effects on the health and nutrition of women as well as children. It would significantly reduce maternal and child mortality because increased mortality is associated with early marriage and early pregnancy.
3. Curbing Child Marriages: If implemented properly, the law will help in curbing the menace of child marriages in India. It will also prevent abuse of minor girls.
4. Gender Equality: Raising the legal marriage age to 21 years will bring equality in marriage age for women and men. It will also help in changing the perceptions that marriage provides women with social protections and recognition.

Arguments against Increasing Age of Marriage

1. Issues of Illegalization of Marriage: Child marriage is widely prevalent in India. Increasing the age of marriage to 21 years will render these marriages illegal. It may expose young adults to criminal charges. Tackling the issue of child marriage requires widespread social, economic and demographic changes.
2. Against Autonomy of an Individual: Increasing the age of marriage takes away sexual and marital freedoms of choice for the citizens who are legally adults (18 years of age).
3. Narrow in Scope: Only increasing the age of marriage will not lead to empowerment of women. What is required is improved access to education, nutrition and decline in poverty.
4. Issues of Non-compliance: The present legal age for marriage (18 years) is not followed in India. It can be gauged by the fact that child marriages have increased manifold during the pandemic. Thus, it is argued that increasing the legal age to 21 years will not achieve its intended objectives.

Possibilities and Prospects

In the 21^st Century, it is crucial that gender inequality and gender discrimination should be mitigated and there should be adequate measures to secure health, welfare and empowerment of women. Addressing the root causes such as lack of education and better career prospects will improve access to sexual and reproductive health care and maternity benefits. Improvements in socio-economic conditions, rather than just increasing the age of marriage for women, will lead to delayed marriages.

Participation of women in the labour market, financial incentives for girls to remain in school, through scholarships, increasing the range and number of jobs for women, and making it safer and easier for girls to attend school, college or work will lead to real empowerment of women.