21 Or None: Prohibition of Child Marriage Act, 2006
Last year, in her budget speech, Finance minister Nirmala Sitharaman stated that the government would set up a panel to look into the age of girls entering motherhood. A 10-member panel was set up on 6th June 2020, headed by Jaya Jaitly. The panel submitted its report containing recommendations to reform patriarchal mindsets. They did not disappoint (or did they?). Alas, the government cherry picked only one recommendation leaving the others that might leave their objective a piecemeal project. After listing the bill for legislative business, it has been referred to a Standing committee.
Age Is Not Just A Number
In its entirety the bill seeks to change the legal marriageable age for girls from 18 to 21 (the same age as boys). Quantitatively this is just a three years age difference. But looking at it closely it redefines the concept of becoming an adult when one turns 18. As the norm is, an individual ceases to be a child once they are 18 years of age and hence can vote, get a driving license, and become part of contracts.
The 61st Constitutional Amendment Act,1988 was monumental in setting the minimum voting age to be 18. Recognising an individual to be cerebrally competent to become an active part of our country’s politics. Protection of Children from Sexual Offences (POCSO), 2012 recognises a child as someone under the age of 18. Therefore, it defines the age of consent as 18 as well. Children under the age of 18, if found guilty of a crime are tried in Juvenile Court and have protection in lieu of its provisions. The new law distorts this balance. But on the same plate, we do have another bone. For boys the legal age of marriage is 21. Wouldn’t it seem better to have the same age for both the genders?
What to Expect from the Marriage Acts?
The government wants to bring this change to overcome inequalities between the two sexes. The recommendation that leads to this bill was to avoid pregnancies in young women, to counter the higher number of mortalities for both mother and child. In addition, the government wants to cement ways that would help women pursue higher education and get better carrier opportunity.
The bill will unify a single code that could possibly override personal and religious laws. It will evidently amend the Indian Christian Marriage Act, 1972; the Parsi Marriage and Divorce Act, 1936; the Muslim Personal Law (Shariat) Application Act, 1937; the Special Marriage Act, 1954; the Hindu Marriage Act, 1955; and the Foreign Marriage Act, 1956.
What We Need to Expect
The solution to the problem that has been sought out seems half-baked. Only raising the minimum age of marriage for girls is not going to be the ultimate savior. According to the National Family Health Survey-5 (2019-2021), 23% of women aged 20-24 years were married before 18. It displays serious misconduct of PCMA, 2006. The new act may just pad up the numbers. Increasing minimum age may also leave girls who were married before 21 without any legal protection. It will also provide parents a strict hold on young adults.
According to Miss Jaitly, the suggestion to increase the age was just one of the recommendations and may not work unless the Union Cabinet employs the other steps as well. It includes improving access to education by providing safer transport, installing sanitary napkins vending machines to avoid dropouts, providing vocational and skill-based trainings, providing sex education and educating young adults about contraception to avoid early pregnancies. To be precise many steps can be taken before increasing the age of marriage. Something that seeks to provide women with more independence should not spell out as if it curtails their choice.
Conclusion
The impact of the act can only be speculated for now, what it will actually mean for development can be seen in quantifiable terms only when implemented. It can serve better for young adults if the government can ensure that this is not the only step being taken and will be followed by other bills that might bring in a magnitude of change in ensuring a better life for young women. We need to create a better environment where choice of a woman matters more than choice of society. A place where sex education is normalised rather than teenage pregnancy. A place where safety is a priority rather than respect for family. A place where saving accounts are for education rather than for a big fat wedding. A place where the solution and the problem are not apples and oranges.
We need more. We expect more and we deserve more.
Cover Graphic: stj-sy.org
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Loved how quick and concise this was!