Smriti Irani for marriageable age of women 21 instead of 18:Introduces Bill amid uproar in Lok Sabha HD

The Prohibition of Child Marriage (Amendment) Bill that was introduced in Lok Sabha on Tuesday will be overriding on half a dozen laws governing marriages of different religions, says the text of the Bill. Women and Child Development Minister Smriti Irani has said the Bill would be sent to a Standing Committee of Parliament. The text of the Bill says it will bring women at par with men in terms of marriageable age. This brings up the marriageable age of women from 18 to 21 years. It also says it will prohibit child marriage "irrespective of any law, custom, usage or practice governing the parties". Once passed, the changes pertaining to marriageable age will come into effect two years from the date the Bill receives in assent of the President, so as to provide sufficient opportunity to one and all in our collective efforts and inclusive growth, and to make effective other provisions immediately. To negate the differences in marriageable age under different personal laws, the bill inserts a clause in the Section 1 of the Act which says, "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”. The statement of object and reasons of the Bill says Child Marriage Restraint Act, 1929, was replaced by the Prohibition of Child Marriage Act, 2006, to prohibit solemnisation of child marriages, but this highly pernicious practice is still not completely eradicated from our society. "Hence, there is an urgent need to tackle this societal issue and to bring in reforms. We cannot claim progress unless women progress on all fronts including their physical, mental and reproductive health," says the Bill. The Bill also says the Constitution guarantees gender equality as part of the fundamental rights and also guarantees prohibition of discrimination on the grounds of sex. It says the existing laws do not adequately secure the Constitutional mandate of gender equality in marriageable age among men and women. It says discrimination against women comes in the way of achieving sustainable development goals, and goes against the principles enunciated under the Convention on the Elimination of All Forms of Discrimination against Women, to which India is a signatory. At present The Hindu Marriage Act, 1955, The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 set 18 years as the minimum age for the bride and 21 for the groom. Muslim personal law allows marriage if the boy and the girl have attained puberty, which is presumed once they are both 15 years of age.