The Union Cabinet on Wednesday approved a proposal to raise the legal age of marriage for women from 18 to 21 years, the same as men, more than a year after Prime Minister Narendra Modi announced the plan during his Independence Day address in 2020. 

Following the Cabinet’s consent, sources told The Indian Express, the government will propose a revision to the Prohibition of Child Marriage Act, 2006, as well as make changes to the Special Marriage Act and personal laws like the Hindu Marriage Act, 1955. 

The permission comes after a task force led by Jaya Jaitly from the Centre presented recommendations to Niti Aayog in December 2020 to look into “matters pertaining to age of motherhood, imperatives of lowering MMR (Maternal Mortality Rate), improvement of nutritional levels, and related issues”.

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Jaitly told the Indian Express, “I want to make clear that our reasoning behind the recommendation was never one of population control. Recent data released by NFHS 5 (National Family Health Survey) have already shown that the Total Fertility Rate is decreasing and the population is under control. The idea behind it (the recommendation) is the empowerment of women.”

According to data from the National Family Health Survey 5, India’s Total Fertility Rate (TFR) fell below the replacement threshold of 2.1 for the first time, indicating that a population explosion in the coming years is unlikely. Child marriage has also decreased slightly from 27% in 2015-16 to 23% in 2019-21, according to the data. 

The task force’s suggestion came  “after extensive consultations with experts, and more importantly with young adults, especially young women as the decision affects them directly”.

“We have had feedback from 16 universities and engaged over 15 NGOs to reach out to young people, particularly in rural and marginalised communities, such as in particular districts in Rajasthan where child marriage is quite prevalent. Feedback was taken across religions, and from urban and rural areas, equally,” she said.

“Across the board, the feedback we received from young adults is that the age of marriage should be 22-23 years. There have been objections from certain quarters, but we felt it was more important to be guided by the target group,’’ she said.

The task group, which was established by the Ministry of Women and Child Development in June 2020, includes Dr. V K Paul of Niti Aayog, Secretaries of the WCD, Health, and Education Ministries, as well as Secretaries of the Legislative Department. 

It has been suggested that a comprehensive public awareness campaign be devised in order to promote social acceptance of the decision. It has also advocated for girls’ access to schools and universities, as well as transportation to educational institutions in remote places. 

Sex education should also be formalised and included in the school curriculum, according to the group. Women’s education in polytechnic colleges, as well as skills and business training and livelihood enhancement, have all been suggested as ways to ensure that the marriageable age is raised.

“If girls can show they are financially independent, parents will think twice before marrying them off early,’’ said The Indian Express sources.

The Hindu Marriage Act of 1955 states that the bride must be 18 years old and the groom must be 21 years old. The Special Marriage Act of 1954 and the Prohibition of Child Marriage Act of 2006 both say that women and men must be 18 and 21 years old, respectively, to consent to marriage. 

Union Finance Minister Nirmala Sitharaman had mentioned the task force’s formation during her Budget Speech for 2020-21 and said, “Women’s age of marriage was increased from 15 years to 18 years in 1978, by amending the erstwhile Sharda Act of 1929. As India progresses further, opportunities open up for women to pursue higher education and careers. There are imperatives of lowering MMR as well as improvement of nutrition levels. Entire issue about the age of a girl entering motherhood needs to be seen in this light.”