Himachal Pradesh raises women's marriage age from 18 to 21: What's next?

The Bill seeks to eliminate the age distinction between men and women in the definition of a child, ensuring that both genders are treated equally under the law

The Himachal Pradesh Assembly on Tuesday passed a landmark Bill that raised the minimum legal age of marriage for women from 18 to 21 years, aligning it with the legal age for men. The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, was passed by a voice vote, marking a significant step towards gender equality and women’s empowerment in the state.

The Bill, introduced by Health, Social Justice, and Empowerment Minister Dhani Ram Shandil, amends the Prohibition of Child Marriage (PCM) Act, 2006, which was enacted by Parliament. The amendment seeks to eliminate the age distinction between men and women in the definition of a child, ensuring that both genders are treated equally under the law.

 

Amendments and their impact
 

The Bill introduces key amendments to the PCM Act. Firstly, it redefines a ‘child’ as any individual, male or female, who has not completed 21 years of age. This removes the previous legal distinction where women were considered adults at 18, while men were considered adults at 21.

The Bill also amends the definition of ‘child marriage’ to ensure it applies universally within Himachal Pradesh, overriding any conflicting laws, customs, or religious practices that may allow minors to marry. This makes the new legal marriage age binding on all residents, regardless of their cultural or religious background.

Additionally, the Bill extends the timeframe for individuals to file a petition to annul a child marriage. Previously, individuals had up to two years after reaching adulthood (20 years for women and 23 years for men) to file such a petition. The new amendment extends this period to five years, giving women and men the right to annul their marriages until the age of 23.

Rationale behind the Bill
 

Minister Shandil, while presenting the Bill, emphasised the importance of raising the minimum marriage age for women to enhance their opportunities for education and personal development. “Early marriage remains a significant barrier to women’s education and career progression, often leading to negative impacts on their health and overall well-being,” Shandil stated.

The Bill’s ‘Statement of Objects and Reasons’ emphasise this sentiment, highlighting that early marriages hinder both the physical and professional growth of women, making the amendment necessary for their empowerment and advancement in society.

Legal process and national implications

The passage of this Bill in the Himachal Pradesh Assembly raises important questions about its legal implementation, given that it amends a central law. Under the Constitution of India, both the central and state governments have the authority to legislate on matters such as marriage, divorce, and the rights of minors, which are listed under the Concurrent List.

However, since the Himachal Pradesh Bill introduces amendments that are inconsistent with the existing central law, it requires the assent of President Droupadi Murmu to become law. Governor Shiv Pratap Shukla is expected to reserve the Bill for the President’s consideration, following which it will be up to the President to approve or withhold her assent.

This legislative process mirrors the recent enactment of Uttarakhand’s Uniform Civil Code (UCC) Bill, which also required presidential assent to amend existing personal laws. The Himachal Pradesh Bill, once approved, could set a precedent for other states considering similar amendments, potentially leading to a nationwide shift in the legal marriage age for women.