Ending Child Marriages in India: Legal Framework & Realities | Ed Pro classes

In August 2024, the Himachal Pradesh Legislative Assembly passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, which raises the minimum legal age for marriage for women from 18 to 21 years. This move aligns with broader efforts across India to combat child marriage and empower women through better access to education, health, and personal development opportunities. The Bill was introduced by Social Justice and Empowerment Minister Dhani Ram Shandil and received unanimous support in the assembly​
The Bill also redefines the term "child" to include any individual under the age of 21, effectively overriding any previous legal provisions or cultural practices that allowed marriages below this age. Additionally, the amendment grants individuals up to five years after reaching the age of majority (18) to annul a child marriage, giving them until the age of 23 to take legal action. This provision provides young women more time and support to challenge marriages they were forced into as minors​
The passage of this legislation is seen as a major step toward improving maternal and child health outcomes. Research shows that early marriages often lead to early pregnancies, which increase the risks of maternal and infant mortality. By delaying marriage, women are more likely to reach physical and emotional maturity before becoming mothers, resulting in healthier families. Moreover, this law encourages women to pursue higher education and career opportunities before marriage, empowering them to lead more independent lives​
However, the Bill also introduces certain legal complexities. For example, the Supreme Court of India ruled in 2018 that the right to marry is protected under Article 21 of the Constitution, which recognizes an individual's autonomy to choose a partner at the age of 18. This discrepancy between the legal marriageable age (21) and the age of attaining legal majority (18) might lead to constitutional challenges. Legal experts suggest that this could create confusion about the rights and responsibilities of individuals between 18 and 21​
Overall, the new law reflects the state’s commitment to gender equality and reducing the prevalence of child marriages, though it may face legal scrutiny in the future due to its potential conflict with existing laws and Supreme Court judgments
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[@Mysticrealm-y3s]

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[@pragatinath6530]

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[@Prishaa5413]

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[@Vishhhh6512]

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[@Souviksharma8484]

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