INTRODUCTION

The concept of marriage has change with time to the age-old definition of union of male and
female for procreation to the unification of individual irrespective of gender even though the
concepts have change people are still reluctant to accept such changes. we still try to hold on
to the patriarchal ideology of marriage where a woman is considered as a husband’s property
and is a person who is supposed to take care of the family. Marriage as defined by the oxford
dictionary is the legally or formally recognized union of two people as partners in a personal
relationship (historically and in some jurisdictions specifically a union between a man and a
woman)1. A state, an organization, a religious authority, a tribal group, a local community, or
peers can recognize marriage and it is frequently seen as a contract. A religious marriage is
conducted by a religious institution in order to recognise and establish the rights and
obligations inherent in matrimony in that religion. Religious marriage is known by a variety
of names in different faith traditions, including sacramental marriage in Catholicism, nikah in
Islam, nissuin in Judaism, and a variety of other names in other faith traditions, each with its
own set of restrictions on what constitutes a valid religious marriage and who can enter into
one. Even there is difference in how different culture and society perceives marriage some of
the common attribute that almost all society and culture accept are division of labour, love,
sexual gratification, companionship, status etc. all these being these being the case there are
certain rules and regulation the society and law expects us to fulfill wile entering into the
concept of marriage while the societal rules and regulation put forwarded can be sometimes
clearly be discriminatory and prejudice still people hold no to the stigmas on the other the
legal regulation and laws are brought in to overcome this societally and culturally
discriminatory practices and bring equality with respect to the concept of marriage.

Most of the discriminatory practices are only to suppress the women and tie her in the four
walls of the house. The Indian constitution to an extend has helped to bring equality with
respect to the concept of marriage and to prevent the exploitation of the women. It’s with the
efforts of the constitutional framers and the government that we were able to bring many
reforms in the concept of marriage from abolishing child marriage, and bring age celling,
allowing marriage and widow remarriage.one of the most important measures what we feel
that has brought drastic change is with the introduction of marriageable age ,marriageable age
can be defined as a general legal age that is a person is required to attend as per the legal ,
religious or any other social approval at a person will be legitimately allowed to marry The
1
https://www.britannica.com/topic/marriage retrieved on 18/4/22
age and other requirements for marriage vary by jurisdiction, although in the vast majority of
cases, the marriage age is fixed at the age of majority. Most countries, however, allow
marriage at a younger age with parental or judicial approval, and some even allow minors to
get married legally if the female gets pregnant.

THE CONCEPT OF MARRIAGABLE AGE AROUNF THE WORLD

Almost in all countries the typical age for marriage is 18 years, however in certain cases there
are exceptions, with some being higher and others being lower the reasons can be the social
and cultural difference, religious practice etc., the marriageable age should not be confused
with the age of majority or consent as they may be the same in many areas around the world.
Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of
Marriages (is a United Nations treaty on marital norms that was agreed upon by 55 parties to
the 1992 convention. The Commission on the Status of Women drafted the treaty, which was
opened for signature and ratification on November 7, 1962, by General Assembly resolution
1763 A (XVII). the countries which ratified the convention has agreed to specify a minimum
age for marriage under the statutory law to override the marriageable age set by the
customary religious and traditional laws. When a religious community's law sets a lower
marriageable age than the state law, the state law takes precedence. Some religious groups,
on the other hand, do not acknowledge the primacy of state law in this regard, which could
and further promote the practice of child marriage. A marriage of a minor (legal child), a
person under the age of 18, is considered child marriage and a breach of rights by UNICEF,
the United Nations Children's Fund2 and Supplementary Convention on the Abolition of
Slavery signed by 123 parties in 1953 also says about the suitable minimum age for marriage
even though all this being the case still in developing countries the official age for marriage is
still a guideline only. till now several jurisdictions had lower minimum marriageable ages for
females than for males, based on the assumption that girls mature at a younger age than
males. On contrary some feel that this type of differentiation is clearly discriminatory and   
the marriageable age for women has to be raised to match that of men in countries all over the
world.

AMENDMENT TO PROHIBITION OF CHILD MARRIAGE (AMENDMENT) BILL3

2
Child marriage". UNICEF DATA. Retrieved 20 April 2022
3
Bill No. 163 of 2021
In India, the age of marriage for women has been established at 18 since 1978. As a result,
the Centre's drive to raise it to 21 has the potential to have a generational influence. However,
while taking such a move could revolutionise the way we address deep-seated socio-cultural
issues and improve women's nutritional health, economic, and educational standing, it would
also have a negative impact. The recent Modi governments cabinet has decided to increase
the marriageable age of girls from 18 to 21 for which the parliamentary committee is tasked
with looking at the historic bill that would raise the legal age of marriage for women to 21 the
bill intends to bring uniformity in the marriageable age of men and women, for which
amendment have been brought in the Prohibition of Child Marriage Act (PCMA), 2006, act.
to bring in a uniform age of marriage, the proposed Bill may contain various provisions to
override various personal laws relating to marriage that may be in conflict with rising the
marriageable age to 21

The bill was titled as Prohibition of Child Marriage (Amendment) Bill and was introduced
in lok Shaba by smriti Irani the union minister for women and child development she termed
this bill as decisive step in the country’s history she also said that as a democracy which has
had its independence 75 years ago is already late in providing equal rights to man and women
with respect to marriage. She also cited the problem of teenage marriage where almost 7% of
the girls between the ages of 15 and 18 were found to be pregnant, and approximately 23% of
the girls were married before the age of 18. "It's also critical to reduce the number of teenage
pregnancies, which are not only hazardous to women’s health but also lead to more
miscarriages “she wrote in the bill's statement of objects and reasons.4she also concluded by
saying that the amended bill will take effect two years after it receives Presidential assent, in
order to give everyone a fair chance to participate in joint efforts and inclusive growth, as
well as to make other sections instantly effective.

4
https://www.business-standard.com/article/current-affairs/bill-to-increase-marriage-age-for-women-
introduced-in-lok-sabha-121122100646_1.html retrieved on 20 April 2022
OPPOSITION TO THE BILL

There is quite a strong resistance from the opposition parties with respect to increasing the
marriageable age the Congress questions the government's motive for bringing such
legislation in such a short notice and also questioned “Can the government deliver women’s
rights merely by framing a law, without any accompanying infrastructural, financial and
social support?”5 , the Left parties oppose it because it infringes on women's rights to decide
when to marry stating that “When an individual get to choose his or her MP or MLA at the
age of 18, why can't they choose their future partner at the age of18 ?" "The claim that the
move will bring gender balance is likewise false, because if that were the case, the legal age
for men should have been lowered," they added. "The state must describe the purpose for this
bill and the circumstances in which it was introduced., and Muslim parties and groups regard
it more as an effort to weaken Muslim personal law.

POSITIVE CHANGES THE BILL CAN BRING IN

It is critical to address gender inequality and discrimination and to put in place necessary
measures to ensure the health, welfare, and empowerment of our women and girls, as well as
to ensure that they have the same status and opportunities as men so steps like this will
always help to bring a gender parity. There is ample number of data to prove that it is because
of this marriageable age that has to an extend resulted in surprising women population of the
country. The best method to empower women is for them to participate in the labour market.
With an increase in average age at marriage, individuals may be able to work prior to
marriage, making it easier for them to continue working post marriage and fertility rate is
likely to drop as a result of all of this. It also gives them more negotiating leverage when it
comes to societal issues like dowry. Increasing the minimum age of marriage is an indirect
effort to address existing gender inequities, such as girls being taken out of education for
marriage; the health risks that come with pregnancy, particularly maternal mortality that early
marriage involves; and so on. India, on the other hand, would be one of the few countries in
the world where the marrigable age for women will be 21 with the passing of this bill.  in
china it is 20, and 18 in the United Kingdom and the United States, with exemptions and
variances.

5
https://www.thehindu.com/news/national/growing-resistance-among-opposition-on-change-in-legal-age-of-
marriage-for-women/article37987063.ece retrieved on 20 April 2022