Minimum marriage age of women to be raised from 18 to 21 years as Cabinet clears proposal

In a noteworthy step towards women empowerment, the Union Cabinet on Wednesday passed a proposal to raise the legal marriage age for women from 18 to 21 years, the same as men. This clearance comes over a year after the plan was announced by Prime Minister Narendra Modi during his Independence Day address in 2020. The proposal was recommended by a task force set by the government to examine women-related matters pertaining to the age of motherhood, imperatives of lowering MMR (Maternal Mortality Rate), improvement of nutritional levels, among others. 

Headed by Jaya Jaitly, the task force made the recommendations after extensive consultations with experts, young adults, especially young women as the decision affects them directly. Jaitly said the move aimed at empowering women and not controlling the population. She pointed out that the data released by NFHS 5 (National Family Health Survey) has already shown that the Total Fertility Rate is decreasing and the population is under control.

The task force, set up in June 2020 by the Ministry of Women and Child Development, also included paediatrician Dr VK Paul of Niti Aayog along with Secretaries of the WCD ministry, Health and Education ministries, and of the Legislative Department.

Centre to amend Prohibition of Child Marriage Act 2006

The task force has advised the government to chalk out a comprehensive public awareness campaign aimed at encouraging social acceptance of the decision and also sought access to schools and universities for girls, including transportation in the case of institutes are located in far-flung areas. Significantly, the committee also recommended that sex education be formalized and introduced in the school curriculum.

Besides this, training of women in polytechnic institutes, skills and business training, and livelihood enhancement have also been recommended to ensure that an increase in the legal age of marriage can be implemented.

Section 5(iii) of the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 for the groom. The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men, respectively.

The Centre will soon introduce an amendment to the Prohibition of Child Marriage Act 2006, and bring amendments to the Special Marriage Act and personal laws such as the Hindu Marriage Act 1955.

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