Himachal Bill raises women’s marriage age, what happens next

• Health, Social Justice, and Empowerment Minister Dhani Ram Shandil said it was necessary to raise the minimum age of marriage for women to provide opportunities to them.

Highlights:

• On August 27, 2024, the Himachal Pradesh Assembly passed a significant amendment to the Prohibition of Child Marriage Act (PCM Act) of 2006, raising the minimum age of marriage for women from 18 to 21 years.
• The passage of the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, represents a crucial step toward gender equality and women's empowerment in the state.

Key Amendments Introduced

• The Bill introduces several critical amendments to the PCM Act:

1. Redefinition of "Child": The Bill eliminates the age-based distinction between males and females in the definition of a "child." Under the PCM Act, a "child" was previously defined as a male under 21 years of age and a female under 18 years of age.

• The amendment redefines a "child" as anyone, male or female, who has not completed 21 years of age.

2. Overriding Effect on Other Laws: The Bill introduces a new clause that overrides any contrary provisions in other laws, customs, or practices.

• This means that the new marriage age for women will apply universally across Himachal Pradesh, regardless of religious or cultural practices that might permit marriage at a younger age.

3. Extended Period for Annulment of Marriage: The Bill also amends the time frame within which a marriage can be annulled. Under the PCM Act, a petition to annul a marriage could be filed within two years of attaining the age of majority (18 years for women, 21 years for men).

• The Bill extends this period to five years, allowing individuals to file for annulment before they turn 23 years old.

Why Did Himachal Pradesh Pass the Bill?

• The rationale behind raising the minimum age of marriage for women is rooted in social and health considerations:

1. Promoting Educational and Career Opportunities: Health, Social Justice, and Empowerment Minister Dhani Ram Shandil emphasized that early marriages hinder women's education and career prospects.

• By raising the minimum age of marriage, the state aims to provide women with better opportunities to complete their education and pursue careers.

2. Protecting Women's Health: The Bill also addresses concerns about the adverse health effects of early marriage and motherhood. Early marriages often lead to early pregnancies, which can severely impact women's physical and mental health.

Implementation and Legal Considerations

• Given that marriage laws fall under the Concurrent List of the Indian Constitution, both the central and state governments have the authority to legislate on this matter.
• However, when a state law contradicts a central law, the process of implementation becomes complex:

1. Role of the Governor and President: Since the Bill amends a central law, it must be reserved for the President's consideration after being passed by the state Assembly. Governor Shiv Pratap Shukla will forward the Bill to President Droupadi Murmu for her assent.

• If the President approves, the Bill will become law, and its provisions will be enforceable in Himachal Pradesh.

2. Precedent in Other States: A similar process was followed in Uttarakhand when the state passed its Uniform Civil Code (UCC) Bill.

• The Bill became law only after receiving the President's assent, illustrating the constitutional process required when state legislation contradicts existing central laws.

Prelims takeaways:

• Prohibition of Child Marriage Act (PCM Act) of 2006
• UCC