File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Is The Increase In The Age Of The Marriage Of Girls A Stepping Stone Toward Women’s Empowerment?

Marriage has always been a topic of great general and public interest and therefore there is a requirement for proper rules and legislation which need to be brought with the needful changes in society. The old preceding customs and traditions should be reviewed and new changes are to be made in a particular period. If the changes aren't made in the fixed and requisite period it will lead to far-reaching repercussions in the future.

The development is evolutionary and timely in doing a precise modification for the time requirement. Society's past is great evidence of the oppression the females have suffered over a period and hence some legislations are a need of the hour when it comes to the upliftment in the status of women. These legislations and amendments passed by the government act as a medium tool to eradicate prior rooted customs and bring in new changes for a prosperous and healthy democracy.

Brief Analysis
The education of girls is something that has been brought into the light and crystal clear in the past few years which has led women to make it their priority to do the things which were denied to them from the very beginning. Women empowerment is upliftment in the status of women is possible through quality education and awareness. Their own decision to control their life, make choices on their own, and access opportunities.

Women are not governed by others; they are financially stable and capable of making their own choices. The very sole purpose of women's empowerment gets dismantled when the marriage of the girl at a very young age is much emphasized and women's empowerment takes a back seat under those circumstances. The idea of bringing women on the equal page and making them self-independent can be brought up only when things like these prevalent in society are less directed.

Historical Background
There have been various instances where the legal age for the marriage of girls has been changed and modified. There have been times when girls' marriage age was ten years before independence and was later increased to fifteen years after independence.

The Child Marriage Restraint Act, of 1929 was formed through the active participation of the members of The All India Women's Conference, the Women's Indian Association, The National Council of Women, views of Muslim women to the Joshi Committee to increase the age of marriage in India. Child Marriage Restraint Act, named the Sarda Act, was the first law that extended to the whole part of India and restricted the age of marriage of girls to 14 years and that of boys to 18 years. Amendments are a necessity in society. Later the Sharda Act was modified and the age of marriage for women was fixed at 18 and for that of men was 21 years.

The Child Marriage Restraint Act was later replaced by the Prohibition of Child Marriage Act, of 2006. The Prohibition of Child Marriage Act increased the age to 21 years for the marriage of females and would cancel and reject any other law and practice. This was the time when the brides had the choice of declaring their marriage null. It even punished the priests and the parents who performed and were a part of such ceremonies.

Recent Developments
The mention of it was made by the Prime Minister in a speech on Independence day. The decision on it would be taken when the committee submits its report and it was put forward on the recommendations by the NITI Aayog headed by former Samata Party chief Jaya Jaitly.

Finance Minister Nirmala Sitaraman February 2020 made a mention of this in the budget speech stating that a task force would be there that would look into the age for women to reduce the mortality rates, improve the nutrition level and career aspects of the life of a girl which submitted its report in December 2020. The recommendations were submitted by the task force by 31st July 2020 and it consisted of ten members.

The proposal was passed by the cabinet and it said that the main aim of it is women's empowerment and not based on population control. It included pediatricians, secretaries from the Department of Health and family, the Department of Women and Child Development, the Department of Higher Education and Instruction, Ministry of Justice and Law. The age of marriage for women increased from 18 to 21 years on 15 December 2021.

Highlights Of The Decision
The marriage of the girls at a very young age not only destroys the childhood of a girl but at the first instance is a heap of a burden on the girl. When she is required to live a healthy and lively childhood, she has to overcome the burdens and face a lot of adult responsibilities that she is not mature and healthy enough to handle. The weight of the responsibilities at such a tender age often leads to mental and physical stress, anxiety, and depression.

Marriage of the girl at such a young age leads to unwanted pregnancy due to which the girl starts embracing motherhood during childhood. Girls become much more focused on household chores than making their career their priority and living life on their terms and conditions where she is financially independent. Girls will have a hand in the progress and development of the nation.

The girls in this scenario generally become victims of domestic violence. There is a huge loss of education, health, participation, safety, physical and sexual violence, and lack of participation in society which all will eventually decline due to the act. This act by the government will eventually bring gender equality to light.

Challenges Of The Decision
Each coin has two sides; similarly, a government move is criticized by the other part of society. Some are of the view that it will eventually lead to the destruction of the norms of society. The data shows that there is already a diminishing rate of child marriage and the others factors like giving people access to education and quality education should be the aim. There are even claims that bad health is not mainly due to child marriage.

Awareness regarding this should be prevalent. People are of the view that any indulgence of the state in customary rules is not good and should not happen. Many people believe that the legislation itself is insufficient as it is still practiced in many places. Many people are of the view that it will increment the rates of female foeticide rather than solve the actual issue.

The regulation passed by the government is a good move and is evolutionary in nature. The changes are a need of the hour and a must for a progressing society. Marriage is a pure institution and has several customs and norms. This step by the government will give women the opportunity to focus on their careers and accomplish their goals in life so that they are financially independent. People can speculate it differently but the move will enable active participation from women in all sectors.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly