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Q. Discuss the legal and social impact of the Himachal Pradesh Assembly’s bill to raise the minimum marriage age for women to 21 years on existing personal laws. (15 Marks, 250 Words)

Core Demand of the Question:

  • Discuss the legal impact of the Himachal Pradesh Assembly’s bill to raise the minimum marriage age for women to 21 years on existing personal laws. 
  • Discuss the social impact of the Himachal Pradesh Assembly’s bill to raise the minimum marriage age for women to 21 years on existing personal laws. 

 

Answer:

The Himachal Pradesh Assembly’s recent bill to raise the minimum marriage age for women from 18 to 21 years reflects a significant legislative change aimed at promoting gender equality and safeguarding women’s rights. This move aligns with India’s broader efforts to challenge traditional norms and empower women, but it also raises questions about its impact on existing personal laws across communities.

Legal Impact of Raising the Minimum Marriage Age for Women to 21 Years:

Positive Legal Impact Negative Legal Impact
1. Strengthens Gender Equality: By aligning the marriage age for women with men, the bill promotes gender equality and supports India’s commitment to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

2. Reduces Child Marriage: Raising the marriage age to 21 helps to prevent child marriages, ensuring that women have the opportunity to complete their education and become economically independent.

For instance: According to the National Family Health Survey-5 (NFHS-5), states with stricter marriage laws have seen reduced rates of child marriage.

3. Harmonization with National Laws: The bill aligns with national efforts such as the Prohibition of Child Marriage Act, 2006, creating uniformity in legal standards across India.

For instance: This move complements the recommendations of the Task Force on Marriage Age for Women set up by the Ministry of Women and Child Development.

4. Protects Women’s Rights: Raising the age of marriage is consistent with international human rights standards and helps protect young women from early pregnancy and health risks.

For instance: The WHO emphasises delaying marriage as crucial for reducing maternal mortality and improving women’s health outcomes.

5. Legal Precedent for Reforms: Setting the marriage age at 21 could serve as a legal precedent for other states and potentially influence national policy.

1. Conflict with Personal Laws: The bill could conflict with personal laws governing various communities, such as Muslim Personal Law, which sets the marriage age at puberty.

2. Legal Complexity and Enforcement: The bill introduces legal complexities for enforcement, as the age of marriage is a criterion under different personal laws, creating confusion and potential legal challenges.

3. Constitutional Challenges: The bill could face constitutional challenges on grounds of religious freedom and personal autonomy, especially if viewed as infringing on personal law rights.

For instance: Previous attempts to standardise marriage age across religions have been contested in courts, citing violations of Articles 25 and 26.

4. Potential for Legal Loopholes: The bill might create legal loopholes where parties could bypass state laws by marrying under personal laws or in other jurisdictions.

5. Resistance from Communities: The bill could face resistance from communities who view it as an imposition on cultural practices and traditions.

 

Social Impact of Raising the Minimum Marriage Age for Women to 21 Years:

Positive Social Impact Negative Social Impact
1. Empowers Women: Raising the marriage age provides women with more time to pursue education and career opportunities, fostering economic independence and personal development.

For instance: States with higher marriage ages have shown improved female literacy rates and employment opportunities.

2. Reduces Health Risks: By delaying marriage, women are less likely to experience early pregnancies, reducing maternal and infant mortality rates.

For example: The NFHS-5 data shows a correlation between higher marriage age and lower rates of maternal and infant mortality in states like Kerala.

3. Enhances Social Awareness: The bill encourages awareness about the importance of education and women’s rights, promoting a progressive outlook in society.

For instance: Public awareness campaigns like Beti Bachao Beti Padhao have been instrumental in shifting societal attitudes toward the education and empowerment of girls.

4. Supports Social Reforms: Raising the marriage age aligns with broader social reforms aimed at reducing gender inequality and promoting women’s autonomy.

For instance: Legislative reforms like the Domestic Violence Act, 2005 aim to protect women’s rights, similar to the objectives of this bill.

5. Promotes Long-Term Development: Delaying marriage can lead to more informed decision-making regarding life partners, contributing to stable families and societal progress.

1. Potential for Increased Unregistered Marriages: There could be a rise in unregistered marriages if couples decide to marry under traditional or religious customs instead of legal provisions.

For instance: In regions where social norms strongly favour early marriage, communities might resist formal registration under the new law.

2. Societal Backlash: The law may face resistance in conservative societies where early marriage is customary, leading to potential social backlash and community unrest.

For instance: In certain rural areas, traditional practices may conflict with the new legal framework, causing societal friction.

3. Increase in Covert Practices: There is a risk of covert practices, such as falsifying ages or arranging marriages in secrecy, to circumvent the new age restrictions.

4. Strain on Family Dynamics: Changing the marriage age may put a strain on traditional family dynamics and expectations, leading to intergenerational conflicts.

For instance: Families accustomed to early marriages may struggle with adapting to new norms, causing disputes and misunderstandings within the community.

5. Potential Disruption of Social Norms: Sudden changes in legal marriage age may disrupt existing social norms, causing confusion and discontent among certain demographics.

 

Looking to the future, raising the minimum marriage age for women to 21 years in Himachal Pradesh marks a progressive step towards gender equality and women’s empowerment. However, it also presents challenges in harmonising with existing personal laws and societal norms. A balanced approach, considering legal frameworks and social sensitivities, is crucial to ensure effective implementation and widespread acceptance of this transformative change.

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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