Introduction

The Himachal Pradesh government has
taken a significant step towards ensuring gender equality and the protection of
women’s rights by passing the Prohibition of Child Marriage (Himachal
Pradesh Amendment) Bill, 2024. This landmark legislation raises the
marriageable age for girls from 18 to 21 years,
aligning it with the existing legal age for men. The bill, which amends the
Prohibition of Child Marriage Act, 2006, was passed by  Social Justice and Empowerment Minister Dhani Ram Shandil in the the Vidhan Sabha through
a voice vote, demonstrating a strong consensus on the issue.

Background
and Rationale

Child marriage has long been a contentious
issue in India, deeply rooted in cultural, traditional, and religious
practices. Despite various legislative efforts to combat the practice, it
remains prevalent in many parts of the country. According to the 2001 census,
there were approximately 1.5 million girls under the age of 15 already married
in India, highlighting the scale of the problem.

The amendment to raise the marriageable age
for girls to 21 years is grounded in the recognition that early marriage poses
significant barriers to women’s progress in education, career development, and
physical health. The objectives of the amendment emphasize the importance of
gender equality and the need to provide women with opportunities to pursue
higher education and personal growth without the constraints imposed by early
marriage.

Key
Provisions of the Bill

The Prohibition of Child Marriage (Himachal
Pradesh Amendment) Bill, 2024, makes several crucial amendments to the existing
Prohibition of Child Marriage Act, 2006:

1. Increased Marriageable Age: The
   most significant change introduced by the bill is the increase in the
   minimum marriageable age for girls from 18 to 21 years. This change is
   intended to provide women with more time to mature, both physically and
   mentally, before entering into marriage.
2. Uniform Application: The
   amended Act will apply uniformly to all individuals domiciled in Himachal
   Pradesh, regardless of their religion or personal law. This means that the
   amendment will take precedence over other laws, such as 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, and the Hindu Marriage Act, 1955.
3. Enhanced Protection: The
   bill strengthens the provisions of the Prohibition of Child Marriage Act,
   2006, to protect victims of child marriage and provide them with the
   necessary support and relief. It also increases the penalties for those
   who promote, abet, or solemnize child marriages.

Implications
and Significance

The passage of this amendment marks a critical
step forward in the fight against child marriage in Himachal Pradesh. By
raising the marriageable age for girls, the state government aims to address
several pressing issues:

• Educational Opportunities: The
  amendment will enable girls to complete their education and pursue higher
  studies, leading to better career opportunities and financial
  independence.
• Health and Well-being:
  Delaying marriage will allow girls to reach physical and emotional
  maturity, reducing the risks associated with early pregnancy, such as
  maternal and infant mortality, low birth weight, and premature births.
• Empowerment: The
  amendment will empower women by giving them more control over their lives
  and decisions, contributing to a more equitable society.

Historical
Context

The fight against child marriage in India has
a long history, with various legal and social efforts made over the years. The
Child Marriage Restraint Act of 1929 was one of the earliest attempts to curb
the practice, setting the minimum age of marriage for girls at 14 years. This
was later raised to 18 years with the enactment of the Prohibition of Child
Marriage Act, 2006.

However, despite these legal measures, child
marriage continues to be a challenge in many parts of the country. The
introduction of the Prohibition of Child Marriage (Amendment) Bill, 2021, at
the national level, which also proposes to raise the marriageable age for women
to 21 years, reflects the growing recognition of the need for uniformity in
marriage laws and the protection of women’s rights.

Conclusion

The Prohibition of Child Marriage (Himachal
Pradesh Amendment) Bill, 2024, represents a significant milestone in the
state’s efforts to combat child marriage and promote gender equality. By
raising the marriageable age for girls to 21 years, the Himachal Pradesh
government has not only aligned itself with broader national and international
efforts but also taken a proactive step towards ensuring the well-being and
empowerment of women. This amendment is a testament to the state’s commitment
to creating a more just and equitable society, where women can realize their
full potential without the constraints of early marriage.