NEW DELHI: With the Cabinet approving the proposal to raise the legal age of marriage for girls from 18 years to 21, bringing it on a par with men, the government has set in motion the process for a major change in law that has been a point of debate for long and has divided experts and activists.
The big test for the bill will be passage in Parliament as any change in age will have far reaching implications. Despite a decline over decades, underage marriages remain a concern even though there is a long-standing prohibition on child marriage. As many as 23.3% of women aged 20-24 were married before they turned 18, the legal age of marriage, as per National Family Health Survey-5 (2019-21). This percentage was higher at 26.8% in 2015-16. The latest survey shows the problem is more prevalent in rural India at 27% whereas in urban regions, underage marriage accounted for 14.7% of all marriages.
The government sees the proposed legislation as a strong measure to bring women on equal footing with men in keeping with the vision of the Constitution on gender equality. “As India progresses, further opportunities open up for women to pursue higher education and careers. There are imperatives for lowering Maternal Mortality Rate (MMR), Infant Mortality Rate (IMR) and improvements of nutrition levels as well as increase in Sex Ratio at Birth (SRB). These are the main reasons for effecting the proposed legislation,” an official source said. The move is being cited as a step that will allow women to attain psychological maturity before marriage.
While a section sees this as a progressive step to empower women with a “choice”, there are voices of concern emerging from another section of activists who feel the move has the potential to result in increased criminalisation of poor families who may be forced by circumstances to get their girls married above 18 years but below 21.