Currently, the legal age for women to marry is 18, while the legal age for men is 21. The decision is based on the recommendation of a task force led by former Samata Party leader Jaya Jaitly. Interestingly, in 2018, the Law Commission proposed that 18 should be the minimum legal age for marriage between men and women. The panel states: “If a universal age is recognized for a majority and it gives all citizens the right to choose their government, surely they must also be able to choose their spouse.” While supporting the proposal to raise the legal age of marriage for women from 18 to 21, senior congressional leader P. Chidambaram proposed not to enact the law until 2023. The coming year, he says, should be used by the government to wait until after the 21st anniversary of the coming year. Educate about the benefits of marriage. The Indian government has proposed raising the minimum legal age of marriage for women from 18 to 21. Currently, the legal age for marriage is 18; For men, the corresponding age is 21 years.
A bill to formalize such a change in law was introduced in the Lok Sabha on December 21. However, after opposition from opposition parties, it was sent to a parliamentary body for further evaluation. According to the draft law, the new minimum age for women should prevail over all personnel laws; Therefore, the legal age of marriage will be raised for all women, regardless of their religion. In 1978, the Indian government raised the legal age from 15 to 18 for girls and from 18 to 21 for boys. Proponents of raising the family age for women argue that currently many girls are forced to drop out of university to marry, and that raising the legal age of marriage to 21 would give them time to continue their education and provide higher education. Another claim is that teenage pregnancies increase the possibility of high blood pressure, anemia, and many other health problems in the mother, and can also lead to serious pregnancy complications that can lead to the death of the mother. For this reason, raising the age of marriage for girls could help reduce the maternal mortality rate. Early marriages also cause mental health problems, according to studies, so raising the legal age is believed to reduce the possibility of mental health problems among child brides. Finally, the decision is also presented as an affirmation of the principle of gender neutrality by aligning the minimum age of women with that of men. On the other hand, opponents of the amendment argue that child marriage is currently widespread in India, despite it being prohibited by law.
According to the National Family Health Survey (2019/2021), one-quarter of women aged 20 to 24 were married before the age of 18. Following the COVID-19 outbreak, the incidence of child marriage has increased worldwide. Therefore, the problem lies in the implementation of existing laws. It is therefore argued that instead of raising the minimum age of child marriage by law, the root cause of child marriage should be addressed in order to bring about a change in values in society. In 2018, India`s Law Commission proposed lowering the legal age for men from 21 to 18 and recommended leaving the legal age for both sexes to marry at 18. According to 2019 government data, the average age of marriage for women is 22.1. This number has gradually increased over the years, showing that the change is voluntary. Much of the change has occurred as women`s education rates have improved. Child marriage is illegal but not zero. It may be contested at the choice of the minor party. This means that the marriage can only be annulled by a court if the minor party applies to the court.
This flexibility is maintained to ensure that the rights of the minor, especially the girl, are not subsequently taken away from the marital home. So why did the Modi government act to raise the legal age of marriage for women? All India Majlis-e-Ittehadul Muslimeen (AIMIM) chairman Asaduddin Owasi called the bill “ridiculous” and said women and men would be legally allowed to marry at the age of 18. If they are treated as adults by law for all other purposes, why not for marriage? In a series of tweets, Owaisi criticized the government for its “paternalism.” The Union government plans to introduce a bill to raise the minimum legal age for women from 18 to 21, people familiar with the developments said, pointing to a far-reaching decision that requires a change in faith-based personal laws dealing with marriage and inheritance. To put women on an equal footing with men, the NDA government led by Prime Minister Narendra Modi has decided to raise the legal age of marriage for women from 18 to 21. According to Prime Minister Modi, raising the legal age of marriage will empower girls and help them build their careers. On December 16, Narendra Modi`s government decided to raise the legal age of marriage for women from 18 to 21.