Prohibition of Child Marriage (Amendment) Bill, 2021
The Prohibition of Child Marriage (Amendment) Bill, 2021 was a proposed Indian law introduced in the 17th Lok Sabha that sought to amend the Prohibition of Child Marriage Act, 2006 to raise the minimum legal age of marriage for women from 18 to 21 years, thereby equalizing it with the age for men. It was referred to a Parliamentary Standing Committee for detailed examination and remained pending when the 17th Lok Sabha was dissolved, causing the Bill to lapse.
Background
Child marriage in India refers to marriages where either party is below the minimum legal age set under Indian law. The Prohibition of Child Marriage Act, 2006 prohibits solemnising child marriages and prescribes penalties for violations, with the minimum age being 18 for females and 21 for males. Debate over raising the marriageable age for women was influenced by social, educational, and health considerations, including the recommendations of expert committees on maternal health and gender equality.
Provisions
The Bill's principal provisions included:
- Increasing the minimum age of marriage for females from 18 to 21 years to bring parity with males.
- Amending related personal laws to reflect the increased age in the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954, Hindu Marriage Act, 1955 and Foreign Marriage Act, 1969.
- Redefining a “child” under law as a male or female who has not attained 21 years.
- Extending the period during which a marriage may be annulled on the grounds of being a child marriage from two years to five years after attaining majority.
- Providing that the amended Act would override any other law, custom, usage, or practice governing the parties to a marriage.
Legislative history
The Bill was introduced in the Lok Sabha on 21 December 2021 by Smriti Irani, Minister of Women and Child Development. Soon after introduction, it was referred to the Parliamentary Standing Committee on Education, Women, Children, Youth and Sports for detailed scrutiny. The Standing Committee was granted multiple extensions to examine the Bill but did not submit a final report before the dissolution of the 17th Lok Sabha in June 2024, resulting in the Bill lapsing.
Standing Committee composition
The Parliamentary Standing Committee on Education, Women, Children, Youth and Sports was tasked with examining the Bill. It comprised 31 members drawn from both Houses of Parliament, including only one woman member at the time of constitution, Sushmita Dev as the sole female representative.
Debate and public response
The Bill prompted debate on gender equality, age of majority, and individual rights, with some stakeholders expressing support for equalizing marriage age and others raising concerns regarding rights to marry upon reaching adulthood. Views from civil society and religious stakeholders were mixed.
Current status
As of March 2026, the Prohibition of Child Marriage (Amendment) Bill, 2021 has lapsed due to the dissolution of the 17th Lok Sabha and would need to be reintroduced in the current Parliament to be considered again.
See also
- Prohibition of Child Marriage Act, 2006
- Child marriage in India