Table of Contents
- The legal age of marriage for women in India is likely to be revised from 18-years of age to 21-years of age as the government has formed a high-level committee to go into the matter and submit recommendations by July 31.
- The ten-member task force will have as members
- Secretaries Health, Women and Child Development, Law and School Education.
- It will be headed by former Samata Party president Jaya Jaitly and will have among members V K Paul, Member, Health, NITI Ayog.
- The task force will examine the matters related to motherhood and marriage at an early age
- the age of motherhood
- imperatives of lowering maternal mortality rate
- improvement of nutritional levels
- related issues
The History of laws regarding minimum age of marriage
- The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevent abuse of minors.
- The Indian Penal Code enacted in 1860 criminalised any sexual intercourse with a girl below the age of 10
- Age of Consent Bill, 1927 made marriages with a girl under 12 invalid
Sarda Act of 1929
- In 1929, the Child Marriage Restraint Act set 14 and 18 years as the minimum age of marriage for women and men respectively.
- The law is popularly known as Sarda Act after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj.
- The Child Marriage Restraint Act was the first social reform issue taken up by an organized women’s group in India.
- This group pressured many politicians into supporting the act by picketing their delegations, holding placards and shouting slogans.
- They believed that with the passing of this act, it would show the world that India is serious about social reforms.
Was the law implemented?
- The Act remained a dead letter during the colonial period of British rule in India
- British did not want to earn the displeasure of the communal elements among the Hindus and Muslims.
- Princely states were exempted.
Post Independence
- The Special Marriage Act, 1954
- 1978 – Sarda act amended . Since then, the minimum legal age for marriage has been 18 for women and 21 for men.
- 2006 – 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. Strict punishments
The various laws
- Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
- 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
- In Islam, the marriage of a minor who has attained puberty is considered valid under personal law.
Problems arising out of early marriage
- Data reflects that girls who are married before the age of 18 are
- More likely to experience unwanted pregnancies
- Vulnerable to sexually transmitted diseases and
- At a greater risk of pregnancy related complications and maternal mortality.
- Lack the recourse to proper education and access to health care, antenatal care, skilled child delivery and the complete vaccination of the infants
- Infant mortality and death of young children is significantly higher in children born to mothers who are married at an early age, according to a report by NCBI.
How big a problem is this?
- In 2005-2006, 44.5 % of women between the ages of 20-24 years in India reported being married before 18 years of age.
- As per a UNICEF study, around 27% of the women in India are married before turning 18.
- Girls in the age group of 15-19 who died due to issues during pregnancy and childbirth in the year 2017 – 35,000.
- The number was 103,000 in 2000.
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