Himachal Pradesh passes Bill to raise women’s marriage age from 18 to 21 years: What happens next?

Himachal Pradesh has recently passed a Bill raising the minimum age of marriage for women from 18 to 21 years, amending the Prohibition of Child Marriage Act (PCM), 2006. For the state law to override the existing central law and take effect, it now requires the President’s assent.

Rationale Behind the Amendment

• Better growth prospects and career advancements: The primary reason for this amendment is to empower women by allowing them more time to focus on their education and careers. Early marriage often hinders a girl’s educational opportunities and her ability to progress in life. By raising the marriage age to 21, the state aims to ensure that women have a better chance of completing their education and achieving success in their careers. 
• Health risks: Moreover, early marriages can adversely affect the physical health of young women, especially with early pregnancies, which carry significant risks for both the mother and child.

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Significant Amendments introduced under the Bill

• Extended Legal Recourse: One of the key amendments is the extension of the time period for filing a petition to annul a marriage. Under the original PCM Act Section 3, the contracting party who was a child at the time of marriage could file a petition to annul the marriage within two years of attaining majority (before turning 20 for women, and 23 for men). The new Bill extends this period to five years, allowing both women and men to file petitions before they turn 23 years old.
• Overriding effect on other laws: Another critical amendment is the inclusion of a clause that gives the new marriage age overriding effect over any other law, custom, or practice. This means that the new marriage age for women will apply to everyone in Himachal Pradesh, regardless of any conflicting laws or cultural practices that permit minors to marry. The Bill introduces Section 18A to the PCM Act, which gives the same overriding effect to the entire central law and its provisions.

Constitutional Challenges related to the Overriding Effect

• While the Himachal Pradesh Bill marks a progressive step, the Bill faces a constitutional challenge due to the existing central law, the Prohibition of Child Marriage Act, 2006, which sets the minimum marriage age for women at 18 years.
• Marriage falls under the Concurrent List (Entry 5) in the Seventh Schedule of the Constitution of India, allowing both the central and state governments to legislate on the subject.  

• Under the concurrent list, if laws are made on the same subject and are different but not in conflict, then there won’t be an issue. The laws can coexist, with each being applicable within its respective jurisdiction or scope.
• However, when a state law conflicts with a central law on a matter in the Concurrent List, the central law typically prevails.
• Under Article 254(1) of the Constitution, if a state legislature enacts a law that is inconsistent with a central law, the conflicting portion of the state law becomes void.
• However, an exception exists under Article 254(2). If the state law is repugnant to an existing central law, it must be reserved for the President’s consideration.
• If the President gives assent under Article 201, the conflicting provision in the state law becomes valid, allowing it to override the central law within that state.
• This constitutional process was recently seen in action with Uttarakhand’s Uniform Civil Code (UCC) Bill, which also dealt with matters like marriage and divorce. After passing the state legislature, the Bill was reserved by the Governor for the President’s assent, which was granted in March 2024. If the Himachal Pradesh Bill receives similar approval from the President, it could successfully amend the marriage age within the state despite the existing central law.

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