The Himachal Pradesh Assembly has passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, a landmark move to raise the minimum marriage age for women from 18 to 21 years. This aligns with the national debate on setting a uniform marriage age for men and women across India. As of August 2025, the Bill is awaiting Presidential assent before becoming law.
Why Is the Marriage Age Being Raised?
Early marriage has been linked to several social, health, and economic challenges. Experts argue that increasing the marriage age for women will:
- Encourage girls to pursue higher education and professional careers.
- Reduce the risk of maternal and neonatal complications due to early pregnancy.
- Support gender equality by removing discriminatory legal provisions.
- Improve socio-economic indicators by allowing women to contribute productively to society before marriage.
Key Features of the Himachal Pradesh Marriage Age Bill
Uniform Definition of “Child”
Previously, Section 2(a) of the Prohibition of Child Marriage (PCM) Act, 2006 defined a child as a male under 21 years and a female under 18 years. The new Bill removes this gender distinction, defining a child as any individual under 21 years of age.
Overriding Effect Over Personal Laws
The Bill introduces a clause ensuring that the new marriage age will apply uniformly across the state, overriding any conflicting provisions in personal, religious, or customary laws.
Extended Annulment Window
The time frame for filing a petition to annul a child marriage has been increased from two years to five years. This provides individuals more time to seek legal remedies after reaching adulthood.
Recent Developments as of August 2025
Bill Forwarded to President
Governor Shiv Pratap Shukla has forwarded the Himachal Pradesh Marriage Age Bill to President Droupadi Murmu under Article 254(2) of the Constitution for consideration and assent.
National-Level Discussion
The Central Government is reviewing the possibility of introducing a nationwide amendment during the Winter Session 2025 to establish a uniform marriage age of 21 years for both genders across India.
Policy Data Insights
According to a NITI Aayog policy brief (July 2025), states with stricter enforcement of higher marriage age laws have reported:
- 15–20% improvement in maternal and child health outcomes.
- Lower dropout rates among adolescent girls.
- A measurable decline in early pregnancies and infant mortality rates.
Legal Framework for Marriage Age in India
Concurrent List and State Laws
Marriage and divorce are subjects under Entry 5 of the Concurrent List, meaning both Parliament and state legislatures can make laws on these issues. However, under Article 254(1), any state law inconsistent with a central law is void unless it secures Presidential assent under Article 254(2).
Precedent: Uttarakhand’s UCC Bill
In March 2024, President Droupadi Murmu gave assent to Uttarakhand’s Uniform Civil Code (UCC) Bill, which also touched upon marriage laws, highlighting the process states must follow for such reforms.
Marriage Age Laws – Historical Context
India has progressively increased the legal marriage age over the decades:
- Child Marriage Restraint Act, 1929 (Sarda Act): Minimum marriage age was 14 for girls and 18 for boys.
- 1978 Amendment: Raised to 18 years for girls and 21 years for boys.
- Prohibition of Child Marriage Act, 2006: Retained these limits but provided legal remedies to annul child marriages.
- Hindu Marriage Act, 1955 & Special Marriage Act, 1954: Prescribe 18 years for women and 21 years for men.
- Islamic Law: Considers marriage valid upon attainment of puberty, though legal reforms encourage higher age compliance.
Child Marriage Statistics
- According to NFHS-5 (2020–21), 23% of women aged 20–24 were married before 18 years of age.
- Latest estimates (August 2025) show states with higher compliance to legal marriage age have witnessed a 9% reduction in child marriages since 2022.
Significance of Raising Marriage Age
- Educational Impact: Prevents dropouts among girls, ensuring longer years in school.
- Economic Benefits: Empowers women to join the workforce and contribute to household income.
- Health Advantages: Reduces early pregnancy complications, maternal mortality, and malnutrition in newborns.
- Social Equality: Creates parity between men and women regarding marriage eligibility.
Possible Legal Challenges
- Personal Laws vs. Uniform Law: Certain religious groups may challenge the Bill for interfering with personal laws.
- Supreme Court Scrutiny: The Bill, once assented to, could be challenged for its consistency with constitutional provisions on personal liberty and cultural practices.
- Centre-State Relations: A future central law establishing a uniform marriage age may override state-specific provisions.
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