JOIN USFacing stiff resistance, govt refers bill on women's marital age to standing committee
Facing stiff resistance from the Opposition and child activists, the government on Tuesday sent the Prevention of Child Marriage (Amendment) Bill, which proposes to increase the minimum age of marriage of women from 18 to 21 years, to a Standing Committee.
As Union Minister of Women and Child Development Smriti Zubin Irani introduced the bill on the floor of the Lok Sabha, several opposition members interrupted her and said that the bill was brought in despite not being listed by the Business Advisory Committee.
Congress MPs Adhir Ranjan Chowdhury, Gaurav Gogoi, TMC’s Saugata Ray, AIMIM’s Asaduddin Owaisi and DMK’s Kanimozhi were some of the members who raised objections.
The bill, which aims to change the minimum age of marriage of women to 21 years, follows the recommendations of a committee set up by the NITI Aayog, headed by former Samta Party president Jaya Jaitly.
Presenting the bill in the Lower House, Irani said that the several laws that legislate the minimum age of marriage are not uniform in their prescription. “The enactments relating to the age of marriage of parties such as the Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, the Muslim Personal Law (Shariat) Application Act, 1937, the Special Marriage Act, 1954, the Hindu Marriage Act, 1955, the Foreign Marriage Act, 1969, are not in agreement,” Irani said.
“I rise to move for leave to introduce a bill further to amend the Prohibition of Child Marriage Act, 2006.”
However, Irani met stiff resistance. Congress leader Adhir Ranjan Chowdhury said that while there has been a lot of discussion over the issue, the government has not invited stakeholders for a wider view of the matter.
Speaking to DH, Congress MP and party deputy leader Gaurav Gogoi said that the Congress was opposed to the manner in which the bill was brought in.
“Why wasn't the bill listed in business today, and why does the government need to bring it surreptitiously? We have seen during the whole session how the BJP has bulldozed its way. This legislation needs wider consultations, and we demanded that it needs to be sent to the Standing Committee for greater scrutiny. The bill warrants more debate and the issue of child marriage is a sensitive one, and the government needs to focus on women’s education and empowerment and police enforcement,” said Gogoi.
In the Lok Sabha, Gogoi pointed at the Law Commission’s 18th report on the reforms of Family Law of 2018, which recommends 18 years as the uniform age of consent for marriage for men and women alike, as per the Indian Majority Act, 1875.
During the proceedings, AIMIM MP Asaduddin Owaisi said that the amendment is retrogressive and infringes on the right to freedom under Article 19.
Speaking to DH, Owaisi questioned the lack of uniformity across legislations. “My argument is that this government is against the institution of marriage. On one hand, you are treating an 18-year old as an adult, allowing her to have a live-in relationship, and, under the POSCO Act she can consent to sexual relations, but she cannot marry? Who is the government to tell an adult when to marry and when to have a baby? The government’s job is to empower women by working on human development indicators and educating and empowering women, a job it has failed to do,” said Owaisi.
Quoting the NFHS data, which said that 45 per cent of child marriages take place in BPL homes and 10 per cent in rich households, Owaisi also questioned the government’s steps to address the issue.
The bill was, eventually, sent to the Standing Committee on Empowerment of Women
Child rights activist and co-founder of HAQ: Centre for Child Rights Enakshi Ganguly said that she is relieved that the bill has been sent to the committee. “The age of marriage should be harmonious and 18 years is advisable. There is a lot of confusion if the government amends the age -- will there be criminalisation? What happens to the POCSO Act? A knee jerk reaction is not the solution. The government should use the law that exists and find a way to address the sexual and reproductive needs of adolescents,” said Ganguly, adding that they support the government’s intent to empower women.
Muslim bodies, too, opposed the bill. Maulana Khalid Saifullah Rahmani, General Secretary of the All India Muslim Personal Law Board, in a statement issued Tuesday, said that the move is illegal, and the age of marriage should be decided by the parents of the girl. "Raising the minimum age of marriage of girls from 18 to 21 years and declaring marriage before the prescribed age as illegal is neither in the interest of the girls nor the society. Rather it can cause serious damage to moral values,” read the statement.
Watch the latest DH Videos here: