Context

• The Union Cabinet recently approved a proposal to increase the legal age of marriage for women from 18 to 21 years, aligning it with the age for men.
• This decision was made following the suggestions put forth by the Committee led by Jaya Jaitly.
• Now, both men and women will have the same legal age for marriage, as the government aims to promote equality in this regard.

What is the Minimum Age of Marriage Currently?

Hindu Marriage Act, 1955:

• Minimum age for brides: 18 years
• Minimum age for grooms: 21 years

Islam:

• Marriage of a minor who has reached puberty is considered valid.

Special Marriage Act, 1954:

• Minimum age for consent to marriage for women: 18 years
• Minimum age for consent to marriage for men: 21 years

Prohibition of Child Marriage Act, 2006:

• Minimum age for consent to marriage for women: 18 years
• Minimum age for consent to marriage for men: 21 years
• In simple terms, these are the rules for different communities and acts regarding the minimum age for marriage.

What are the recommendations given by the Jaya Jaitly Committee?

The committee has recommended the age of marriage for women be increased to 21 years for reasons such as:

Equality in Marriage Age: Making the legal age of marriage higher for women would ensure that both men and women get married at the same age.

Health Consequences: Getting married early and having children at a young age can affect the health of mothers and their kids. It can lead to issues like poor nutrition, mental health problems, and higher rates of infant and maternal mortality.

Educational Impact: Early marriage often prevents women from pursuing education and building a career, limiting their access to learning and livelihood opportunities.

NFHS Findings: According to the National Family Health Survey (NFHS), the percentage of child marriages has slightly decreased from 27% in 2015-16 to 23% in 2019-20. However, the government is working towards reducing this number even further.

What are the Other Recommendations given by the Jaya Jaitly committee?

• Increase access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
• Skill and business training for women.
• Undertake Awareness campaigns on a massive scale to ensure social acceptance of increasing the age of marriage.

What are the Arguments Against the Raising of Marriage?

• If we raise the age at which women can get married, many might resort to illegal marriages.
• The law might end up feeling like it’s forcing people to comply, rather than respecting their choices.
• This change could disproportionately affect marginalized communities like Scheduled Castes and Tribes, potentially labeling them as lawbreakers.
• It’s worth noting that the reduction in child marriages is more likely due to improvements in girls’ education and job opportunities rather than just the existing legal restrictions.

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