Note4Students

From UPSC perspective, the following things are important :

Prelims level: Prohibition of Child Marriage Act, 2006 (PCM Act);

Mains level: Significance of raising the marriage age for women from 18 to 21 years ;

Why in the News?

The Himachal Pradesh Assembly passed a Bill on tuesday to increase the minimum marriage age for women from 18 to 21 years.

Why did the Himachal Pradesh Assembly pass the Bill?

For Empowerment: The bill aims to provide them with more opportunities for education, career development, and overall personal growth.
For Health and Well-being: The Bill addresses the adverse health impacts associated with early marriage and motherhood, emphasizing the importance of allowing women to mature physically before starting a family.
For Social Justice: The bill aims for equal opportunities and ensures that women are not deprived of opportunities due to early marriage.

The PCM Act, 2006 is a significant piece of legislation in India aimed at preventing child marriages and protecting the rights of children.
Under the Act, a “child” is defined as a male who has not completed 21 years of age and a female who has not completed 18 years of age.

Uniform Marriage Age: The Bill amends Section 2(a) of the PCM Act, redefining a “child” as any male or female who has not completed 21 years of age, eliminating the previous gender-based distinction.
Overriding Clause: The Bill amends Section 2(b) to include a clause that gives the new marriage age an overriding effect over any other law, custom, or usage, making it universally applicable in Himachal Pradesh.
Extension of Annulment Period: The Bill increases the period for filing a petition to annul a child marriage from two years after attaining majority to five years, allowing both men and women to annul their marriage until they turn 23.

Concurrent List Consideration: Marriage is a subject under the Concurrent List, allowing both the central and state governments to legislate on it. However, the Bill introduces amendments to a central law, making it potentially “repugnant” to the PCM Act.

In the legal context, “repugnant” refers to a situation where a law enacted by a state legislature conflicts with or is contradictory to an existing central law on the same subject.
Article 254(1): If there is a conflict between a central law and a state law on a subject listed in the Concurrent List, the central law will prevail, and the repugnant portion of the state law will be considered void.

Governor’s Assent: As the Bill amends a central law, it must be reserved for the President’s consideration under Article 254(2) of the Constitution after being passed by the state Assembly and receiving the Governor’s assent.
President’s Approval: The Bill will become law only if the President of India gives her assent. This process ensures that the state’s amendments are consistent with the Constitution and central laws.

Align with National Law: Coordinate with the central government to harmonize the amended marriage age with national legislation, ensuring legal consistency.
Community Awareness: Implement targeted awareness campaigns to educate the public on the benefits of delaying marriage, emphasizing women’s education and health.

Q Empowering women is the key to control the population growth.” Discuss. (UPSC IAS/2019)