On August 27, 2024, the Himachal Pradesh Legislative Assembly passed a groundbreaking amendment to the state’s child marriage laws, raising the minimum legal marriage age for women from 18 to 21 years. This change aligns women’s marriageable age with men, marking a significant step towards gender equality and women’s empowerment. The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, was introduced by Dhani Ram Shandil, the state’s Minister of Health, Social Justice, and Empowerment, and passed by voice vote during the assembly’s monsoon session with no notable opposition.
One of the primary motivations behind this amendment is to address the social and educational challenges that arise from early marriages. Minister Shandil emphasized that early marriages frequently limit women’s academic and career opportunities and contribute to poor health outcomes for young mothers. By raising the marriage age, the law seeks to give young women more time to pursue education and personal growth before entering marriage, enabling them to make more informed decisions about their futures.
This move aligns with a broader national effort to enhance women’s rights and ensure equal opportunities. The new legal framework abolishes the age discrepancy that previously existed between men and women—where women were deemed adults at 18 and men at 21—promoting gender parity.
The bill introduces several pivotal changes:
- Equal Age for Men and Women: The legal minimum marriage age for women has been raised from 18 to 21, the same as that of men, promoting equal treatment under the law.
- Extended Time for Annulment: Previously, individuals could seek annulment of child marriage within two years of reaching adulthood. This period has been extended to five years, giving individuals more time to challenge such marriages if necessary.
This legislation reflects the state’s commitment to gender equality by ensuring both men and women are considered legal adults at the same age. It also serves to empower women by encouraging them to delay marriage, enabling them to complete their education and pursue their career goals.
The implementation of this bill, however, raises questions about its compatibility with personal laws and central legislation. As marriage laws in India fall under the Concurrent List of the Constitution, both state and central governments have the authority to legislate on the matter. Consequently, the amendment requires approval from both the Governor and the President of India before it can be enacted. Governor Shiv Pratap Shukla is expected to forward the bill to President Droupadi Murmu for her consent, which would then set a precedent for other states to consider similar amendments.
Though widely celebrated for its progressive approach to gender equality, the amendment has sparked some controversy. Opposition members of the Congress party voiced concerns regarding potential conflicts with personal laws, particularly about Muslim communities. These concerns underscore the complexities of legislating on social issues that intersect with cultural and religious traditions.
This legislative shift by Himachal Pradesh is part of a larger movement across India to promote gender equality. By aligning the legal marriage age of women with that of men, the state is breaking down long-standing gender norms that have disadvantaged women.
According to the Human Development Report (HDR) 2024, Himachal Pradesh has made substantial progress in promoting gender equity, with a gender ratio of 1,055 females for every 1,000 males. This positive gender ratio highlights the success of various state initiatives aimed at improving women’s health, education, and economic participation. If approved by the President, this amendment could serve as a model for other Indian states, contributing to a more uniform and equitable legal framework across the country.
The passage of the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024 is a significant milestone in the ongoing effort to promote gender equality and women’s empowerment in India. By raising the legal marriage age for women to 21, the state government is providing young women with more time to complete their education, enter the workforce, and make informed choices about marriage. If this amendment receives final approval, it could pave the way for similar legislative changes in other Indian states, leading to a more progressive and equitable society.
References:
- Business Standard. (2024, August 30). Himachal Pradesh raises women’s marriage age from 18 to 21: What’s next? Retrieved from https://www.business-standard.com/india-news/himachal-pradesh-raises-women-s-marriage-age-from-18-to-21-what-s-next-124083000413_1.html
- India Tribune. (2024, August 30). Himachal Assembly passes bill to raise women’s marriage age from 18 to 21. Retrieved from https://indiatribune.com/himachal-assembly-passes-bill-to-raise-womens-marriage-age-from-18-to-21
- Human Development Report 2024. (2024). Himachal Pradesh Report: Gender and Development. UNDP.
- The Indian Express. (2024, August 28). Himachal Assembly nod to raise women’s marriage age to 21.
- Hindustan Times. (2024, August 29). Himachal Pradesh leads the way in raising the legal marriage age for women.
Vidhan Bharat 
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