Topics Covered: Issues related to women.
Task force on marriage age submits report to PMO:
Context:
The task force was set up to take a re-look at the age of marriage for women has submitted its report to the Prime Minister’s Office and the Ministry of Women and Child Development.
- It was headed by Jaya Jaitley.
When was the task force set up?
Finance Minister Nirmala Sitharaman in her Budget speech last year proposed a panel on the “age of a girl entering motherhood” to lower maternal mortality rates and improve nutrition levels.
But when the decision to appoint a task force was announced, its terms of reference included examining “the correlation of age of marriage and motherhood” with health and nutritional status of mothers and infants.
Criticism:
Women’s rights activists have opposed the suggestion of raising the age of marriage from 18 to 21 for women and have cited evidence to show that such a move may be used to incarcerate young adults marrying without parents’ consent.
What the law says?
Currently, the law prescribes that the minimum age of marriage is 21 and 18 years for men and women, respectively.
The minimum age of marriage is distinct from the age of majority, which is gender-neutral.
- An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
- For Hindus, Section 5(iii) of the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. Child marriages are not illegal but can be declared void at the request of the minor in the marriage.
- In Islam, the marriage of a minor who has attained puberty is considered valid under personal law.
- The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
Why is the law being relooked at?
- From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
- Early pregnancy is associated with increased child mortality rates and affects the health of the mother.
- Despite laws mandating minimum age and criminalising sexual intercourse with a minor, child marriages are very prevalent in the country.
- Also, according to a study, children born to adolescent mothers (10-19 years) were 5 percentage points more likely to be stunted (shorter for their age) than those born to young adults (20-24 years).
InstaLinks:
Prelims Link:
- Jaya Jailtley committee was constituted for the purpose of?
- Legal provisions related to minimum age of marriage for men and women in India.
- Key provisions of Special Marriage Act, 1954.
- Overview of the Prohibition of Child Marriage Act, 2006.
Mains Link:
Do you think minimum age for marriage for men and women should be raised? Discuss.
Sources: the Hindu.
