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Cabinet clears proposal to raise age of marriage for women to 21The proposal was recommended by a NITI Ayog appointed task force headed by Jaya Jaitly
Amrita Madhukalya
DHNS
Last Updated IST
Representative image. Credit: iStock photo
Representative image. Credit: iStock photo

The government is likely to bring in a Bill to amend the Prohibition of Child Marriage Act, 2006, to bring the minimum age of marriage of women at par with that of men. Currently, the minimum age of marriage is 18 for women and 21 for men.

To this end, the Cabinet on Wednesday passed a proposal to increase the minimum age of marriage for women. The proposal was recommended by a NITI Ayog appointed task force formed in June 2020, headed by former Samta party chief Jaya Jaitley, to look at issues related to the age of motherhood, lowering the maternal mortality rate, and increasing nutritional levels among women and children.

This marks the first such change in 43 years, when the Child Marriage Restraint Act, 1929, was amended in 1978 to increase the minimum age of marriage for girls from 15 to 18 years. In 2006, the Prevention of Child Marriage Act was brought in to prescribe a minimum age of marriage, replacing the Child Marriage Restraint Act, 1929, also known as the Sharda Act.

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The will first amend the Prohibition of Child Marriage Act, 2006, after which amendments to the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955, will be brought in. All of these legislations prescribe 18 as the minimum age of marriage for women, and 21 for men.

Section 5(iii) of the Hindu Marriage Act, 1955, stipulates 18 years as the minimum age for women and 21 for men.

Jaya Jaitly said that the task force spoke to a lot of young people and organisations, and distributed a questionnaire in 16 universities among children spanning all religions. “Most of them said the age of marriage should be 22 or 23. We recommended 21,” said Jaitly.

She said that there is a need for families to stop seeing the girl child as a burden.

“Even though 18 is the present age limit, we are seeing that girls are married off at 16; there is a need for to change the mentality that girls are a burden and they should be married off. Girls should have the opportunity for education and become self-sufficient through jobs. Only when there are opportunities for women and they have the support of law, will be changes in society,” said Jaitly.

She stressed the need for a campaign to educate people.

The task force had as members government expert VK Paul, Jamia VC Najma Akhtar, Consortium of Educational Communication (CEC) chairperson Vasudha Kamath, Ahmedabad Municipal Corporation Medical Education Trust (AMC MET) Medical College dean Dr Dipti Shah, as well as senior officials of the Health Ministry, WCD Ministry, and Law Ministry.

The task force proposed several other recommendations. They said that to ensure that young mothers and their newborns do not suffer from malnutrition, schools should provide a free health checkup of girls students every month. The task force also stressed making sex education a part of the school curriculum and suggested that a concerted effort be mounted to ensure more girls are part of the education system.

The move also comes a year after PM Narendra Modi, during his Independence Speech last year, spoke about the Centre’s intent.

“This government is constantly concerned about the health of daughters and sisters. To save the daughters from malnutrition, it is necessary that they're married at the right age,” the Prime Minister had said.

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(Published 16 December 2021, 13:35 IST)