New Delhi, May 18 (PTI) Women’s groups raised concerns on Wednesday over a proposed amendment of the marriageable age for women from 18 to 21 years, saying the move will criminalise consensual marriages among adults.
In a joint memorandum to the standing committee of Parliament looking into the issue, they said, “We fear that the amendment, if implemented, will criminalise consensual marriages among adults, and end up curtailing the autonomy of adult women.
“We believe that the concerns about maternal and child health can be much more effectively addressed by improving the nutritional status of girls and women throughout their lives, while also protecting and promoting their autonomy, specifically the right of adult women to make decisions about marriage and motherhood without coercion and force applied by family, community, vigilante organisations or government.” The memorandum was signed by Mariam Dhawale of the All India Democratic Women’s Association (AIDWA), Annie Raja of the National Federation of Indian Women, Kavita Krishnan of the All India Progressive Women’s Association, Poonam Kaushik of the Pragatisheel Mahila Sangathan and Chhabi Mohanty from the All India Mahila Sanskritik Sangathan.
The memorandum also said the move will not promote gender equality. It pointed out that a citizen becomes an adult at 18 and if they are old enough to elect governments, why will they not be old enough to select a life partner? “If they have the right to decide the future of the nation, do they not have the right to decide their own future?” it asked.
Quoting the Law Commission report of 2008 on reforming family laws and the Indian Majority Act, 1875, the women’s groups said the minimum age of marriage be fixed at 18 for both men and women.
They also contended that only raising the age of marriage for women from 18 to 21 years will not promote better health among new born and very young children.
“The proposed amendment will only end up criminalising all marriages in which the woman is below 21 years as ‘child marriage’, thus leaving every such woman as well as every child born to such unions, bereft of legal protections and pushed outside the formal reproductive healthcare network.
“The government needs to promote education (including higher education) and also create job opportunities for women and support women who are resisting forced marriages,” the memorandum said.
It said the proposal will deprive adult women (aged 18 to 21 years) of their legal right to marry someone of their own choice.
“Far from empowering women to exercise their own choice, it will restrict and criminalise the choices of adult women. Such restrictions on the rights of adult women are unconstitutional and unacceptable. Also, it will mean more punitive measures against poorer sections as child marriages take place mainly among rural poor (NFHS 5). Courts have already said that the law against child marriage overrides personal law. So the present law in any case applies to all communities,” the memorandum said. PTI ASG RC
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