MEMBERS' REFERENCE

SERVICE LARRDIS

LOK SABHA SECRETARIAT

NEW DELHI
LEGISLATIVE NOTE
LEGISLATIVE NOT
For the use of Members of Parliament NOT FOR PUBLICATION

No. 15/LN/Ref./June/2022

THE PROHIBITION OF CHILD MARRIAGE

(AMENDMENT) BILL, 2021

Prepared by Shri Anand Nain, Deputy Director (23034391) and Shri Neeraj Sharma, Joint Director
(23035499) under the supervision of Shri Pradosh Panda, Director and Shri Prasenjit Singh, Additional
Secretary.

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The Legislative Note is for personal use of the Members in the discharge of their
Parliamentary duties, and is not for publication. This Service is not to be quoted as the source
of information as it is based on the sources indicated within this note.

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I. Introduction

The Prohibition of Child Marriage (Amendment) Bill, 20211 was

introduced in Lok Sabha on 21 December, 2021 by the Union Minister of
Women and Child Development.

The Bill seeks to increase the marriage age of women from existing 18
years to 21 years, by amending the Prohibition of Child Marriage
(Amendment) Act, 2006*. This is because early marriages often put
women to disadvantageous position, affects their education, skills
development, employment, maturity and also have repercussions on
nutrition levels and affects maternal mortality and infant mortality.

Besides this, the various enactments in the country on marriage viz. the
Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act,
1936, the Muslim Personal Law (Shariat) Application Act, 1937, the
Special Marriage Act, 1954, the Hindu Marriage Act, 1955 and the
Foreign Marriage Act, 1969 do not provide for uniform minimum age of
marriage for men and women.

One more amendment in the Bill seeks to increase the time period of
petition to make the child marriage voidable from the existing ‘two
years of attaining majority’ to ‘five years of attaining majority’.

II. Statement by the Minister:

Introducing the Prohibition of Child Marriage (Amendment) Bill,
2021 in Lok Sabha on 21.12.2021, the Union Minister of Women and
Child Development Smt. Smriti Zubin Irani made the following
statement:
2“… that the age of marriage should uniformly be applicable across all
religions, all castes, and all creeds overriding any custom or any law which
seeks to discriminate against women…
* The Prohibition of Child Marriage (Amendment) Act, 2006 available at
https://legislative.gov.in/sites/default/files/A2007-06.pdf

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http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/160_2021_ls_Eng.pdf
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LS Debates dated 21.12.2021

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 She further added that enactments like the Indian Christian
Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, the
Muslim Personal Law (Shariat) Application Act, 1937, the Special
Marriage Act, 1954, the Hindu Marriage Act, 1955 and the Foreign
Marriage Act, 1969 do not have concurrence relating to age of
marriage…”

III. Highlights of the debates

During the debate in the House on 21.12.2021, Members demanded that

the Prohibition of Child Marriage (Amendment) Bill, 2021 needed to be
scrutinized and all the stakeholders should be consulted. In view of this, the
Bill was referred for examination to the Departmentally Related Standing
Committee on Education, Women, Children, Youth and Sports under the
Chairmanship of Dr. Vinay P. Sahasrabuddhe on 25 December, 2021. The
Committee has met thrice till date (on 13th April, 9th May and 17th May, 2022)
to deliberate on the Bill. The Report of the Standing Committee is awaited.

IV. Need for the Bill

The 2021 Amendment Bill has been introduced, keeping in view the
following points:
 Gender equality and prohibition of discrimination on the grounds
of sex are guaranteed by the Constitution as part of the
Fundamental Rights (Articles 14 and 15).
 Existing laws do not adequately secure the Constitutional
mandate of gender equality in marriageable age among men and
women.
 Progress of women in a holistic manner, encompasses progress on
all fronts including their physical, mental and reproductive health.
 Taking measures to stop discrimination against women helps in
achieving sustainable development goals and is in line with the
principles enunciated under the ‘Convention on the Elimination of
All Forms of Discrimination against Women’, to which India is a
signatory.

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V. Objectives of the Bill

The 2021 Bill is meant to be a step forward in ensuring empowerment

of women, making them self-reliant and enabling them to take decisions
themselves for their betterment.

The Bill, inter alia, seeks to achieve the following objectives:

 To raise the minimum age of marriage for women to 21 years

(from the present 18 years), thereby bringing women at par with
men in terms of marriageable age.
 To prohibit child marriage irrespective of any law, custom, usage
or practice governing the parties.
 To amend the Prohibition of Child Marriage Act, 2006 by
reinforcing its application, overriding all other existing laws,
including any custom, usage or practice in relation to marriage;

VI. Key Proposed Amendments

The 2021 Amendment Bill proposes to carry out amendments in Section

1 (by insertion of text and figures); Clauses (a) and (b) of Section 2 (by
substitution and insertion of text); and Section 3 (by substitution of
text) of the Prohibition of Child Marriage (Amendment) Act, 2006 (the
Principal Act). Further, a new Section 14A titled ‘Act to have overriding
effect’ is to be inserted after Section 14 of the Principal Act. Section 6 of
the 2021 Bill provides the manner in which certain enactments shall be
amended, as specified in the Schedule of the Bill.
Section/Clause Provisions in the Provisions proposed
etc. of the Principal Act of 2006 (Amendments) in the
Principal Act of ‘Prohibition of Child
2006 Marriage (Amendment)
(The Prohibition Bill, 2021’
of Child Marriage
Act, 2006)

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 1. 2. 3.
Section 1 It extends to the whole Following text shall be
(Short title, extent of India and it applies inserted after text in
and also to all citizens of Column 2:
commencement) India without and
beyond India “notwithstanding
Sub-section (2) anything contrary or
inconsistent therewith
contained in the Indian
Christian Marriage Act,
1872; the Parsi Marriage
and Divorce Act, 1936; the
Muslim Personal Law
(Shariat) Application Act,
1937; the Special
Marriage Act, 1954; the
Hindu Marriage Act, 1955;
and the Foreign Marriage
Act, 1969, or any other
custom or usage or
practice in relation to
marriage, under any other
law for the time being in
force”

Section 2 “child” means a person Following clause shall be

(Definitions) who, if a male, has not substituted as Clause (a):
completed twenty –
Clause (a) one years of age, and if “child” means a male or
a female, has not female who has not
completed eighteen completed twenty-one
years of age years of age’

Clause (b) “child marriage” After the words “is a

means a marriage to child” in Clause (b), the
which either of the following words shall be
contracting parties is a inserted:
child

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 “notwithstanding
anything to the contrary
or inconsistent therewith
contained in any other law
for the time being in force,
including any custom or
usage or practice
governing the parties”

Section 3 The petition under this For the words "two years"
(Child marriages section may be filed at in Column (2),
to be voidable at any time but before
the option of the child filing the the words "five years"
contracting petition completes two shall be substituted.
parties being a years of attaining
child) majority.

Sub-section (3)

Insertion of new After Section 14 of the

Section 14A Principal Act, the
(Act to have following Section shall be
overriding effect) inserted:

“14A. The provisions of

this Act shall have effect,
notwithstanding anything
contrary or inconsistent
therewith contained in
any other law for the time
being in force, including
any custom or usage or
practice governing the
parties.”

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 List of Enactments proposed to be amended, as per
Section 6 of the 2021 Amendment Bill
(to raise the minimum age of marriage for women to 21 years of age)

Sl. No. Short title of Enactment

1. The Indian Christian Marriage Act, 1872

2. The Parsi Marriage and Divorce Act, 1936

3. The Special Marriage Act, 1954

4. The Hindu Marriage Act, 1955

5. The Hindu Minority and Guardianship Act, 1956

6. The Hindu Adoptions and Maintenance Act, 1956

7. The Foreign Marriage Act, 1969

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