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Himachal Pradesh has passed a Bill to raise the minimum marriage age for women from 18 to 21 years, amending the Prohibition of Child Marriage (PCM) Act.

The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, was passed by a voice vote, marking a significant step towards gender equality and women’s empowerment in the state.

The Bill amends the Prohibition of Child Marriage (PCM) Act, 2006, which was enacted by Parliament. The amendment seeks to eliminate the age distinction between men and women in the definition of a child, ensuring that both genders are treated equally under the law.

Amendments and their impact 

The Bill introduces key amendments to the PCM Act.

1. Firstly, it redefines a ‘child’ as any individual, male or female, who has not completed 21 years of age.
2. This removes the previous legal distinction where women were considered adults at 18, while men were considered adults at 21.
3. The Bill also amends the definition of ‘child marriage’ to ensure it applies universally within Himachal Pradesh, overriding any conflicting laws, customs, or religious practices that may allow minors to marry.
4. This makes the new legal marriage age binding on all residents, regardless of their cultural or religious background.
5. Additionally, the Bill extends the timeframe for individuals to file a petition to annul a child marriage. Previously, individuals had up to two years after reaching adulthood (20 years for women and 23 years for men) to file such a petition.
6. The new amendment extends this period to five years, giving women and men the right to annul their marriages until the age of 23.

Background:

1. In India, the practice of child marriage was first legally prohibited through the Child Marriage Restraint Act, 1929 (also called Sarda Act) (legal age G = 14 years and B = 18 years)
2. This Act was amended in 1978 to increase the minimum age to 18 years for females, and 21 years for men.
3. The Prohibition of Child Marriage Act, 2006 replaced the 1929 Act, with the same minimum age limits.

What does the law say?

1. Currently, the law prescribes that the minimum age of marriage is 21 and 18 years for men and women, respectively.
2. For Hindus, Section 5(iii) of the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. Child marriages are not illegal but can be declared void at the request of the minor in the marriage.
3. In Islam, the marriage of a minor who has attained puberty is considered valid under personal law.
4. The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.

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