NEW DELHI :
A bill seeking to bring legal marriageable age for women at par with that of men was introduced in the Lok Sabha on Tuesday amid massive protest by the opposition and was referred to a parliamentary panel for further scrutiny by the Lower House following a voice vote.
The Prohibition of Child Marriage (Amendment) Bill, 2021, proposes to increase the age of marriage of women from 18 to 21 years. Opposition party members objected to the bill and criticized the government for listing it in the supplementary business list, which was circulated just minutes before the House reconvened at 2pm on Tuesday. Several members contended that the bill will limit the rights granted under several personal laws in violation of fundamental rights.
“I would like to present that women equality in our country needs to be seen in (terms of) age of marriage. Invoking different marriage laws of different faiths, I rise to introduce the amendment bill,” Union minister for women and child development Smriti Irani said.
Existing laws do not adequately secure the constitutional mandate of gender equality in marriageable age among men and women, according to the bill. “Women are often put in a disadvantageous position in regard to higher education, vocational instruction, attainment of psychological maturity and skill-sets. Entering the employment sphere and being part of the workforce to make themselves self dependent before girls get married is a critical area. These disadvantages perpetuate the dependence of women on men,” it stated.
Increasing the marriageable age is also necessary for lowering the maternal mortality rate and infant mortality rate and improving nutrition levels and sex ratio at birth, it contended.
The bill seeks to make consequential changes to various personal laws relating to the marriage of different communities to ensure a uniform marriage age. It seeks to amend seven personal laws, the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act, the Muslim Personal Law (Shariat) Application Act, the Special Marriage Act, the Hindu Marriage Act, and the Foreign Marriage Act.
“(It) declares that provisions of the Act shall have an overriding effect over every other law, custom, usage or practice governing the parties,” the bill stated.
The Centre has also clarified that the amendments will come into force two years from the date the bill receives the president’s nod. This seeks to “provide sufficient opportunity to one and all and to make effective other provisions immediately”, it said.
Opposition MPs slammed the government for introducing the bill “without any consultation with stakeholders”.
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