New Marriage Law in India 2021 Pdf

At the same time, Article 6 of the bill makes amendments to some of these laws to set the legal age of marriage for men and women at 21. The laws listed here are the Indian Christian Marriage Act of 1872; the Parsi Marriage and Divorce Act of 1936; the Special Marriage Act of 1954; the Hindu Marriage Act 1955; the Hindu Minority and Guardianship Act 1956; the Hindu Adoption and Maintenance Act, 1956; and the Foreign Marriage Act 1969. Raising the age of marriage, according to the government, is the key to gender equality and justice. There is concern about how the law affects poor and marginalized groups. Application across religions paves the way for a debate about the limits of individual rights. Smriti Irani, Minister of Women and Child Development of the Government of India, introduced the bill to the Lok Sabha on December 21, 2020. Its stated purpose – as mentioned in the foreword to the law signed by the Minister – is to “adequately safeguard the constitutional mandate of gender equality between men and women of marriageable age”. He was referred to a standing parliamentary committee headed by Vinay Sahasrabuddhe, a member of the Rajya Sabha of Maharashtra state. The 2006 Act defines a “child” as a woman under the age of 18 or a man under the age of 21. This bill amends the definition of a child – male or female – as anyone under the age of 21.

It states that a marriage in which one of the parties could be considered a “child” is considered a “child marriage”. What does the draft law say about the annulment of child marriages? In response to the criticism, Irani said: “We are 75 years too late when it comes to giving men and women the same right to marry. Im 19. In the nineteenth century, the marriageable age for women was 10 years. In 1940, it was increased to 12-14 years. In 1978, women over the age of 15 married. For the first time, this law allows men and women to decide on their marriage, taking into account the right to equality. This bill seeks to raise the legal age of marriage for women from 18 to 21. It seeks to amend the Child Marriage Prohibition Act 2006, known as the “main law”.

However, we understand that Muslims automatically followed the new law, even though no changes were made. The Muslim age of marriage is not low. There is also a Supreme Court ruling that, in the event of a dispute between a constitutional law and a personal affairs law, constitutional law prevails. Our intention is not to harm Muslims, but just like triple talaq, when a law contradicts the constitution, the country`s constitution must prevail,” Jaitly told The Indian Express. Between 2015 and 2020, she said, up to 20 cases of child marriage were arrested. NFHS data shows that between the ages of 15 and 18, 7% of girls are pregnant. Up to 23 percent of girls were married before the age of 18, although the law does not allow this, she said. The Child Marriage Prohibition Bill 2021, which aims to raise the legal age of marriage for women from 18 to 21, will apply to all communities across the country and, once passed, will replace existing marriage and personnel laws. Section 1(2) of the Child Marriage Prohibition Act, 2006 states that the law extends to all of India and all citizens.

The 2021 bill here inserts a caveat that certain personal laws and “any other custom, custom or practice relating to marriage” are outside the scope of the law.