The government tabling a bill to increase the minimum legal age for marriage for girls to 21 years (based on the recommendations of a taskforce led by former Samata Party chief Jaya Jaitly) seems like a bit of sunshine amid the dark clouds of a culture otherwise premised on patriarchy. The bill has since been sent to a parliamentary committee for examination. If passed into law, it will have far-reaching consequences that will even require working towards modifying and reorienting personal laws of several religions as marriage is key to other socio-economic factors like faith and inheritance.
The present minimum legal age of marriage for girls is 18 years while that for men is 21. The move to raise the former to 21 is path-breaking and important because it changes the perception that girls do not deserve the same educational and career-building opportunities that can be accessed by men. When the minimum age for marriage is 18, it becomes a denial of the right to pursue education after school or the opportunity to become independent financially up to the age of 21 years, a right secured so far only for the male population.
The increase in the minimum age for marriage for women will result in amendments in several laws and legal procedures, such as the 1955 Hindu Marriage Act, 1972 Christian Marriage Act, 1936 Parsi Marriage Act, the Divorce Act, etc. The changed law will also impact age-old customs related to inheritance, divorce, maintenance. Once passed in Parliament, the law will mean that Indian women too will have the opportunity to educate themselves and engage in livelihood and will get 21 years to do that, just like the male population.
While the proposed bill may be a move in the right direction and significant for women’s empowerment though, it is important to highlight that the move has failed to delve into the socio-cultural and economic factors that make child marriages common in the social fabric.
While we cannot emphasise enough that women/men must not be forced into early marriage, there should be a focus on generating awareness, education among them such that they refuse early marriage. It is also important that there are widespread campaigns and awareness programmes on the increase in the marriage age and people must be encouraged to abide by the new legislation.
There is also a need to focus on some urgent deliverables, without which the law wouldn’t mean much, like increase in enrolment rates of girls at both school/higher education levels, especially from the remote/disadvantaged communities; building new institutions for skill training/enterprise building at subsided rates such that women from humble backgrounds may be able to access these, etc.
Unless these deliverables are given priority, it will be impossible to attain the measure of gender justice as intended by the programme.
Another significant requirement would be to increase healthcare facilities for women, focus on issues like maternal wellbeing, childcare, nutrition etc.
A 2017 report by the United Nations showed that over 27% of Indian women are forced into early marriages, before they even turn 18. Apart from ensuring implementation of the law, we should ensure that young women have access to free/subsidised education, employment and entrepreneurship opportunities, etc., which they seem to be missing today.
Child marriage is blatantly against children’s rights and makes them vulnerable to exploitation, violence and abuse, and while it also impacts boys, its impact on women is disproportionate as it denies them the right to self-determination, education, health and well-being. A girl married early is more likely to enter pregnancy at a young age and face childbirth-related complications and even the possibility of death.
It is well-known that India has the largest number of child brides, and at present nearly 16% of Indian girls are married off between the ages of 15 and 19 years. While child marriages are a result of complex socio-cultural factors and pressing economic concerns, there is gender inequality and a belief that the human rights of girls do not matter. Further, this leads to inter-generational poverty and illiteracy, impacting millions of families.
Thus, while the decision to increase the minimum legal age for marriage for girls to 21 years is a step in the right direction, the fact is that the responsibility of joint and collaborative efforts by the central and state governments, the civil society, media, individuals and the larger socio-cultural fabric is much greater now. We must work towards a nation that celebrates its women and prioritises their human rights, not out of charity or pity but because that’s the right thing to do, with firm resolve and commitment.
(The writer is Associate Editor, The New Leam)