Turmeric Man of Himachal Pradesh

Introduction

The Himachal Pradesh government has taken a significant step towards ensuring gender equality and the protection of women's rights by passing the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024. This landmark legislation raises the marriageable age for girls from 18 to 21 years, aligning it with the existing legal age for men. The bill, which amends the Prohibition of Child Marriage Act, 2006, was passed by  Social Justice and Empowerment Minister Dhani Ram Shandil in the the Vidhan Sabha through a voice vote, demonstrating a strong consensus on the issue.

Background and Rationale

Child marriage has long been a contentious issue in India, deeply rooted in cultural, traditional, and religious practices. Despite various legislative efforts to combat the practice, it remains prevalent in many parts of the country. According to the 2001 census, there were approximately 1.5 million girls under the age of 15 already married in India, highlighting the scale of the problem.

The amendment to raise the marriageable age for girls to 21 years is grounded in the recognition that early marriage poses significant barriers to women's progress in education, career development, and physical health. The objectives of the amendment emphasize the importance of gender equality and the need to provide women with opportunities to pursue higher education and personal growth without the constraints imposed by early marriage.

Key Provisions of the Bill

The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, makes several crucial amendments to the existing Prohibition of Child Marriage Act, 2006:

1. Increased Marriageable Age: The most significant change introduced by the bill is the increase in the minimum marriageable age for girls from 18 to 21 years. This change is intended to provide women with more time to mature, both physically and mentally, before entering into marriage.
2. Uniform Application: The amended Act will apply uniformly to all individuals domiciled in Himachal Pradesh, regardless of their religion or personal law. This means that the amendment will take precedence over other laws, such as the Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, the Muslim Personal Law (Shariat) Application Act, 1937, the Special Marriage Act, 1954, and the Hindu Marriage Act, 1955.
3. Enhanced Protection: The bill strengthens the provisions of the Prohibition of Child Marriage Act, 2006, to protect victims of child marriage and provide them with the necessary support and relief. It also increases the penalties for those who promote, abet, or solemnize child marriages.

Implications and Significance

The passage of this amendment marks a critical step forward in the fight against child marriage in Himachal Pradesh. By raising the marriageable age for girls, the state government aims to address several pressing issues:

• Educational Opportunities: The amendment will enable girls to complete their education and pursue higher studies, leading to better career opportunities and financial independence.
• Health and Well-being: Delaying marriage will allow girls to reach physical and emotional maturity, reducing the risks associated with early pregnancy, such as maternal and infant mortality, low birth weight, and premature births.
• Empowerment: The amendment will empower women by giving them more control over their lives and decisions, contributing to a more equitable society.

Historical Context

The fight against child marriage in India has a long history, with various legal and social efforts made over the years. The Child Marriage Restraint Act of 1929 was one of the earliest attempts to curb the practice, setting the minimum age of marriage for girls at 14 years. This was later raised to 18 years with the enactment of the Prohibition of Child Marriage Act, 2006.

However, despite these legal measures, child marriage continues to be a challenge in many parts of the country. The introduction of the Prohibition of Child Marriage (Amendment) Bill, 2021, at the national level, which also proposes to raise the marriageable age for women to 21 years, reflects the growing recognition of the need for uniformity in marriage laws and the protection of women's rights.

Conclusion

The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, represents a significant milestone in the state's efforts to combat child marriage and promote gender equality. By raising the marriageable age for girls to 21 years, the Himachal Pradesh government has not only aligned itself with broader national and international efforts but also taken a proactive step towards ensuring the well-being and empowerment of women. This amendment is a testament to the state's commitment to creating a more just and equitable society, where women can realize their full potential without the constraints of early marriage.