Context
The Minister continued by elaborating that in one of the most recent legislative milestones the present Assembly of Himachal Pradesh passed a bill that seeks to increase the age of marriage for women from 18 years to 21 years. It was made in an attempt to strengthen women’s rights, increase their access to education and raise their status in society.
Background and Legislative Process
- The Prohibition of Child Marriage (Himachal Pradesh Amendment Bill 2024) was presented by Health, Social Justice and Empowerment Minister Dhani Ram Shandil during the monsoon session of the state assembly.
- The bill was approved through voice vote on August 27, 2024.It is important hereby to note that this legislation adds to the existing legislation of the Child Marriage Act 2006 which was aimed at preventing early child marriages.
- However, due to growing societal needs and with a view to improving the opportunities of women the need to raise the age of marriage for women has been deemed to suit the general needs of the society.
Rationale Behind the Amendment
- Promoting Gender Equality and Education: The obvious reason for this change is the suggestion that women should have the ability to pursue education and employment opportunities to the maximum. The early marriages have negative effects on the girl child’s education and growth and any career progression. Tripling the ages at marriage will help the government ensure women get adequate time to complete their studies, and attain a stable job before engagement in a marriage.
- Health Considerations: Early marriages also lead to early pregnancies and these are very dangerous to the health of young women. One of the reasons for extending the age of marriage is that the government wants to lessen the number of people who are getting pregnant early and getting sick.
- Empowerment and Development: Chief Minister Sukhvinder Singh Sukhu in particular noted that this legislation is a proof that the Congress government is equally willing and ready to serve the interests of the ladies. He also pointed out that Himachal Pradesh is the first state to implement such legislation in the country, which reflects the state’s progressive approach to women’s rights.
Key Provisions of the Bill
- Amendment to Existing Acts: As stated above, the bill seeks to alter the Child Marriage Act 2006 and other related acts in force in the Himachal Pradesh. The amendment provides for raising the marriage age of women from eighteen to twenty-one years of age.
- Impact on Existing Marriages: According to the current Child Marriage Act 2006, any girl who has been married below the legal age for marriage can apply for annulling of her marriage before she becomes 20 years of age. This new bill does not state this new provision but it is expected that it will be in concord with this new age limit where annulment can be obtained within a similar new scale of age limit adjusted.
Implementation and Next Steps
- Governor’s Assent: The respective bill has now to be forwarded for the assent to the Governor Shiv Pratap Shukla. Once the legislation is passed and signed by the Governor it will come into force in Himachal Pradesh thus becoming the first state to make such a provision.
- Enforcement and Awareness: It is thus important that proper enforcement of the new law is implemented. The state government will however have to do more to create awareness of the new age limit as well as the advantages that come with it. This will present the need for my association with local authorities and educational institutions especially to facilitate this process.
Public and Political Reaction
- Support from the Government: On the same, the state government, especially the Chief Minister Sukhvinder Singh Sukhu has supported the bill and also said that the Congress government is committed to empower the women. The relocation is deemed as a giant leap in the process of making gender equality and women parity in the state a reality.
- Potential Challenges: Although the passage of the bill has been aimed at enhancing the welfare of women in the society it has its shortcomings in its implementation. Some parts of the society may offer some resistance that favor early marriages in as much as they are seen as tradition or norms. These challenges are going to have to be met through education and awareness to adequately prepare for the change in law.
Conclusion
The recent move by the Assembly of Himachal Pradesh to increase the legal age for marriage for women up to 21 years is a progressive step to promote gender equity, education and nutrition for women. In the Britain tradition, Himachal Pradesh becomes the first State to enact such legislation; hence, a precedent is created for the other States and the country as a whole. Failure of this initiative is the extent to which it will be implemented, the awareness created and the government as well as civil society support for this program.
Source: The Hindu