Explained: How Centre's Bill Seeks To Raise Age Of Marriage For Women As 21 Years Uniformly Across All Religions

The Union Minister for Women and Child Development Smriti Irani introduced in the Lok Sabha today the" Prohibition of Child Marriage (Amendment) Bill, 2021", which seeks to increase the age of marriage for women to 21 years across all religions. 

The Minister said that the bill will amend the provisions of the Indian Christian Marriage Act 1872, the Parsi Marriage and Divorce Act 1936, Muslim Personal Law (Shariat) Application Act 1937, Special Marriage Act 1954, Hindu Marriage Act 1955, Foreign Marriage Act 1969 in relation to the age of parties to the marriage.

The Bill seeks to uniformly raise the age of marriage by way of a single provision by amending the Prohibition of Child Marriage Act, 2006 and reinforces its application overriding all other existing laws, customs, and practices governing marriage in India. The Bill inserts the following words - "notwithstanding anything contrary or inconsistent therewith contained in 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; the Hindu Marriage Act, 1955; and the Foreign Marriage Act, 1969, or any other custom or usage or practice in relation to marriage, under any other law for the time being in force" -in Section 1 of the Act. 

If the Bill is assented to by the Parliament, Section 1 of the Child Marriage Act would read as follows: 

"It extends to the whole of India except the State of Jammu and Kashmir; and it applies also to all citizens of India without and beyond India notwithstanding anything contrary or inconsistent therewith contained in 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; the Hindu Marriage Act, 1955; and the Foreign Marriage Act, 1969, or any other custom or usage or practice in relation to marriage, under any other law for the time being in force."

By way of this amendment, the Child Marriage (Prohibition) Act would have an overriding effect over other laws, customs, and usages governing citizens in India. The Amendment seeks to further clarify its overriding effect by adding in Section 14A which reads as: 

"14A. The provisions of this Act shall have effect, notwithstanding anything contrary or inconsistent therewith contained in any other law for the time being in force, including any custom or usage or practice governing the parties."

Further, the Bill provides that a child will be "a male or female who has not completed twenty-one years of age." Earlier S.2 (a) of the Act provided that "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.

The Amendment Bill also contains a Schedule of amendments to make consequential amendments to 7 other laws-  Indian Christian Marriage Act, Parsi Marriage and Divorce Act, Special Marriage Act, Hindu Marriage Act, Hindu Minority and Guardianship Act, Hindu Adoption and Maintenance Act, Foreign Marriage Act- to introduce uniform age of marriage for women and men.

The Bill also raises the time limit within which a party can file a petition to seek an annulment of a voidable marriage. Currently,  S.3 of the Act prescribed a time limit of 2 years from attaining majority as the period during which a party that was a minor at the time of marriage can file a petition for a decree of nullity. The Amendment Bill seeks to raise this time limit to 5 years. 

The Amendment Bill would come into force two years from the date on which the Bill receives the assent of the President "so as to provide sufficient opportunity to make effective the provisions."

The Lok Sabha today allowed the introduction of the Bill in a voice vote. Minister Irani requested that the Bill be referred to a Standing Committee.

Download the Bill here