Prohibition of Child Marriage

The Himachal Pradesh Assembly has passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, proposing a significant legal change by raising the minimum marriage age for women from 18 to 21 years. The Bill modifies the existing Prohibition of Child Marriage (PCM) Act, 2006, reflecting the state's intention to bring gender parity to the legal age of marriage and further align with ongoing discussions on enhancing women's empowerment and welfare.

Key Provisions of the Bill:

• Definition of "Child": The Bill redefines a "child" as any individual below 21 years, irrespective of gender, giving this age limit overriding authority over any other law or cultural practice that allows for earlier marriage.
• Extended Annulment Period: The Bill also extends the period to file a petition for annulling a child marriage. Under the amendment, individuals have up to five years from reaching the age of majority (18), meaning they can file annulment petitions until they turn 23.

Key Challenges:

• Difference Between Age of Majority and Marriage:
• The Bill raises the minimum age of marriage for women to 21, aligning it with the minimum age for men.
• However, under the Majority Act of 1875, individuals attain legal adulthood at 18, which raises concerns about the rights and responsibilities of young adults (ages 18 to 21). These individuals can vote, enter contracts, and be tried as adults, yet the Bill restricts their right to marry before 21.
• Inconsistencies with Supreme Court Judgments:
• The Supreme Court has affirmed that the right to marry is a fundamental right under Article 21 (right to life and personal liberty). In 2018, the Court ruled that consensual adult relationships, including marriage, are protected under Articles 19 and 21.
• The Bill, by prohibiting marriage before 21, imposes a restriction on the fundamental right to marry, raising questions about its constitutionality. For restrictions on fundamental rights, the law must meet three conditions:
• Public Purpose: The law must serve a public interest.
• Nexus with Purpose: There should be a clear connection between the restriction and the intended public purpose.
• Less Intrusive Means: There should be no less intrusive way to achieve the desired purpose.
• Critics argue that the restriction for those between 18 and 21 years may not satisfy these criteria.
• Implementation Challenges:
• Despite existing laws prohibiting child marriages, enforcement has been limited. In 2020, only 785 cases were registered under the 2006 PCM Act, suggesting low detection rates for child marriages.
• It remains uncertain whether increasing the legal age of marriage will significantly reduce child marriages, particularly in rural and underdeveloped regions, where enforcement and societal acceptance remain hurdles.

Legislative and Constitutional Implications:

• Concurrent List: Marriage falls under the Concurrent List of the Constitution, meaning both the central and state governments have the authority to legislate on the subject.
• Article 254(1) and 254(2): If the state law contradicts the central law, Article 254(1) renders the conflicting state law void unless the President provides assent under Article 254(2).
• Therefore, the Governor of Himachal Pradesh must forward the Bill for President's consideration. If approved, the Bill will become law, similar to the process seen with Uttarakhand's Uniform Civil Code (UCC) Bill.

Broader Implications:

• Debate on Women's Empowerment: Supporters of the Bill argue that raising the marriage age could delay early marriages and provide women more time for education and personal development. Critics, however, question whether a legal change without addressing societal and cultural norms will be sufficient to effect real change.
• Child Marriage Prevalence: Despite the legal framework, child marriage continues in many parts of India due to socio-economic factors, cultural traditions, and lack of enforcement. While raising the marriage age is a positive step, it must be accompanied by robust public awareness campaigns, stricter enforcement, and support systems for vulnerable communities.

In conclusion, the Himachal Pradesh Amendment Bill, 2024 is a legislative effort to combat child marriage by aligning the marriageable age for women with that of men and extending protection mechanisms. However, its effectiveness will depend on resolving constitutional challenges, addressing societal norms, and ensuring proper implementation.