DNA Explainer: Idea behind government's decision to raise legal age of marriage for women, its challenges

In a move that may not go down well with some sections of the society, the Union Cabinet on Wednesday passed a proposal to raise the legal age of marriage for women in India from 18 to 21 years. The legal age of marriage for men remains at 21 years. With the implementation of this decision, the marriageable age for both men and women will become at par in the country.

The proposal is based on recommendations submitted to Niti Aayog by a task force set by the Centre. The Centre's task force headed by Jaya Jaitly examined several points ranging from the age of motherhood, reducing Maternal Mortality Rates and dietary ranges.

However, the proposal has not gone down too well with some people sparking off a debate within the nation. All India Muslim Personal Law Board (AIMPLB) member Khalid Rashid Firangi Mahali has said that this is not applicable. He also said that this was against the traditions of Indian society and asked the government to rethink it.

Child and women's rights activists, as well as population and family planning experts, argue that even with the legal age of marriage for women being kept at 18 years, child marriages continue in India.

Why a minimum age of marriage?

The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevent the abuse of minors.

Personal laws of various religions that deal with marriage have their own standards, often reflecting custom so this brings uniformity.

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.

The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years for girls and boys respectively.

Reasons for the amendment of the law

The Narendra Modi-led NDA government decided to re-examine the age of marriage for women for a number of reasons, including gender-neutrality.

Early marriage leading to early pregnancies have impacts on the nutritional levels of mothers and children and the overall health and mental wellbeing.

Early marriages have an impact on Infant Mortality Rate and Maternal Mortality Rate in the country.

The amendment in the law will give empowerment to women who are cut off from access to education and livelihood after due to early marriage.

National Family Health Survey revealed that child marriage has come down marginally from 27% in 2015-16 to 23% in 2019-20 in the country.

Recommendations of the committee

The committee made recommendations on the basis of feedback received from young adults from 16 universities across the country.

Over 15 NGOs were also engaged by the task force to reach out to young adults in far-flung areas and marginalised communities.

The committee has taken feedbacks from youth belonging to all religions, as well as from rural and urban areas of the country equally.

The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation.

Skill and business training has also been recommended by the committee including sex education for girls in schools.

The committee said that unless these deliveries are implemented and women are empowered, the law will not be as effective.

The committee has further recommended that an awareness campaign be undertaken on a massive scale on the increase in the age of marriage.

This will encourage social acceptance of the new legislation, which they have said would be far more effective than coercive measures.