The Himachal Pradesh Assembly on August 27, 2024 passed a Bill raising the minimum marriageable age for women from 18 to 21 years.
- The Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, was passed by voice vote.
Key provisions
- It seeks to amend the Centre’s Prohibition of Child Marriage Act, 2006 (2006 Act) to advance gender equality and encourage higher education among women.
- Currently, Section Section 2(a) of the 2006 Act defines a “child” as someone “who, if male, has not completed twenty-one years of age, and if female, has not completed eighteen years of age.”
- The Bill removes this gender-based distinction, redefining a “child” as “a male or female who has not completed twenty-one years of age.”
- A new provision, Section 18A, has also been introduced to ensure that the Bill’s provisions take precedence over all other existing laws. This means that the new minimum marriageable age for women will apply uniformly across Himachal Pradesh, regardless of any conflicting laws or religious and cultural practices.
The President’s assent be required
- Entry 5 of the Concurrent List of the Seventh Schedule of the Constitution deals with the subject of marriage and divorce.
- The Concurrent List outlines subjects on which both the central and state governments can legislate. Hence, both the Centre and states can enact laws to regulate child marriages.
- Since the Bill introduces a different minimum marriageable age for women, its provisions will be deemed inconsistent with the 2006 Act —a law enacted by Parliament. into play.
- According to Article 254 (1) of the Constitution, if a State legislature enacts a law on a subject covered by the Concurrent List that is “repugnant” to the provisions of an existing central law, then that repugnant or inconsistent portion of the state law will be considered “void”.
- Hence, for the Himachal Pradesh Bill to come into force, the Governor must reserve it for the President’s consideration, who must then decide to give her assent to the Bill.
Article 200
- After a Bill is passed by a State Legislative Assembly, it is presented to the Governor for assent.
- Under Article 200 of the Constitution, the Governor can exercise four options — to grant assent, withhold assent, return the Bill to the Assembly for reconsideration, or reserve it for the President’s consideration.
- A Bill can be reserved for the President’s consideration only if the Governor believes that it could undermine the authority of the High Court.
