18 Or 21?: The Debate Over The Legal Age For Marriage Analysed
Marriages in India are given a great deal of care and consideration; nevertheless, society and its inflexible rules have prevented people, especially women, from making their own decisions about their lives and the age at which they want to marry. In the Victorian era, the legal age to get married was 21 till 1823. However, after 1823, it was reduced to 14 for boys and 12 for girls. There were many social evils in colonial India and one of them was child marriage. During this period, girls were married off between the age of 10 and 12 years old, on average. After independence, India saw a major change in 1978 when the legal age of marriage was increased to 18 for girls and 21 for boys. Recently, a Bill has been introduced by the government of India to increase the minimum legal age for women to marry from 18 to 21 years. When questioned about the new Bill's reasoning, the Indian government claimed that it would empower women and minimise gender disparities. This article aims to analyse the economic and socio-legal aspects of this provision in context of the contemporary debate over the proposed amendment.
THE NEED FOR LEGISLATION
In June 2020, the Ministry for Women and Child Development set up a team headed by Jaya Jaitley to investigate the relationship between the period of marriage with issues of women nutrition, infant mortality rate (IMR), maternal mortality rate (MMR), and other problems. The result suggested that the age of marriage be increased to 21 years.
Another consideration is that of gender parity. Section 4(c) of the Special Marriage Act declares the legal eligible age of marriage for women as 18 while for men this age is 21 years, but the distinction appears to have no reasonable rationale. The voting age is the same, the age to wilfully consent and enter into a contract is equal, and then in view of the same, the age for entering into a bond for life should be no different. In the landmark judgement of Independent Thought v Union Of India, the Supreme Court opined that it is essential that the age of marriage of men and women is made equitable.
Subsequently, on 21 December 2021, the Prohibition of Child Marriage (Amendment) Bill, 2021 was tabled in the Lok Sabha. The Bill modifies the 2006 Prohibition of Child Marriage Act to raise the minimum age for women to marry. Along with providing for an increase in the minimum age of marriage from 18 to 21 for women, the Bill also provides for cancellation of child marriage till the age of 23 in lieu of 20 years, and for the potential Act's provisions to take precedence over any other law, custom, use, or practice regulating the parties to the marriage, according to the Bill.
ADVANTAGES OF AN INCREASE OF MARRIAGE AGE IN INDIA
The most important advantage is that this move is a step towards gender equality since it will make the legal marriage age equal for both men and women, which is in line with the right to equal treatment pursuant to article 14 of the Constitution of India.
Furthermore, even in the 21st century, society functions upon a paternalistic social structure, and many young girls are compelled to leave schools and colleges for the sake of getting married. One of the primary aims of the law change, therefore, is to ensure that girls are provided with a greater chance to proceed with their studies. Consequently, more women are expected to go into higher education, get jobs, and become financially independent.
Furthermore, this move will potentially put a stop to the menace of teenage marriages, where 14-15 year old girls are married off after being portrayed as 18. Even now, 23.3% of women in the nation are married off at an age younger than 18. Data indicates that while the dropout rate of girls in classes 1 to 5 and classes 6 to 8 is just 1.2% and 2.6% respectively, it is a huge 15.1% from classes 9 to 10. This decision will hopefully reflect positively on the dropout rates of school-going girls.
With the minimum age for marriage at 21, a woman will be mentally, physically, and financially in a better position to stand up for herself against facing pressure or maltreatment from her family for getting married early or getting married against her will. Teenage pregnancies are accompanied by a high danger of complications during pregnancy and delivery, causing a threat to the life of both the child as well as the mother. Thus, increasing the legal age of marriage will help lessen maternal mortality and will also have a positive impact on the mental health of women.
Apart from addressing the country's social issues, the move would also help the economy thrive. The age range of 15-49 years, which is referred to as the working population, accounts for a vast bulk of the Indian population. However, the country's patriarchal culture prevents it from producing gross domestic product in proportion to its working population. Women will now have an equal chance at education and employment and as a result, contribute more to the economy.
CRITICISM OF THE PROPOSITION
Regardless of the presence of The Prohibition of Child Marriage Act, 2006, strictly restricting child marriages, these continued to be practiced in our society. According to the national family health survey (2019-2021), a quarter of the women between the ages of 20-24 years were married before reaching the age of 18. Along these lines, the issue lies in the enforcement of this new Bill as, despite the new laws implemented earlier, the entrenched elements of patriarchy, poverty, and dowry still exist in our society.
Another concern is that, with the legal age currently at 18, women were forced into marriage by their families against their will or were not allowed to be with those they loved and wanted to marry. Yet, with the legal age now becoming 21, girls will not be able to marry as per their choice as soon as possible and will force them to live with their controlling and intrusive families for a longer time period. This time might also be abused by patriarchal families to restrict and control their activities. In view of the same, it is also not ensured that with the increase in legal age limit, more families will allow girls to pursue education.
ANALYSIS
The Indian government has made a laudable move by raising the minimum age for women to marry. Apart from addressing the country's social issues, the move would also help the economy thrive. However, legislation alone is not sufficient to bring about change. It must be noted that according to the 2019 report from the Ministry of Statistics and Programme Implementation, the average age of marriage for women has increased to 22.1 years, much higher than the minimum legal age at present and the one that is proposed. This average age is more for urban women than rural women. So, one can surmise that this change is not only voluntary but is also accelerated by an increase in income and educational levels. Relevant initiatives for improving access to education and employment will have to accompany the legal amendment for change to reflect in the society.
The solution lies in empowering young girls, encouraging them to get educated and achieve financial autonomy education for girls, and conducting awareness programs on the ill effects of childhood marriages. For ensuring that a girl’s right to live a life of her choice is respected and preserved, education and healthcare should be subsidised by the government. It is necessary for the government to not just pass this legislation and expect a change in the demographics, but to also come up with an on-ground mechanism to spread awareness and implement this policy change strictly for the benefits to reflect in the society. Such steps will bring a genuine change in the society’s mentality, more than legislation ever will.