Approach:

Introduction: Describe the act and state its objectives

Body: Amendments to PCMA, criticisms, and arguments in favour. Try to connect each point with fundamental rights.

Conclusion: Balanced conclusion with a way forward.

Answer:

The Prevention of child marriage act intended to prohibit and prevent child marriages in India setting the legal age of marriage at 18 for females and 21 for males considering those below this age as child with provisions for the annulment of child marriages and for the protection and welfare of children who are or have been married.

 The overall goal was to protect the rights and well-being of children, particularly girls, by prohibiting and preventing child marriage, which is a form of child abuse and a violation of human rights. The argument to amend the 2006 states is also correlated to health and social indices such as infant mortality, maternal mortality, and nutrition levels among mothers and children.

Amendments proposed to the PCMA 2006:

• The minimum age for marriage is to be raised for everyone to 21.
• Child marriage can be declared void till 5 years of attaining majority ( majority age is 18 for both genders) unlike earlier law when it was voidable till the age of 20 for females and 23 for males.
• The introduction of the ‘notwithstanding clause’ paves way for equal application of the Prohibition of child marriage act across religions notwithstanding any personal laws.

Criticisms of the proposed changes in achieving the stated objectives:

• The health of women depends upon nutrition since childhood and particularly adolescence rather than on just the age of marriage. Thus it could not in itself fulfil Article 21 ( right to life)
• Has the potential to impact women who are considered a liability to their parents and are married when they turn 18, impacting their right to a dignified life and right to freedom.
• This can increase the number of ‘illegal’ marriages marginalising vulnerable groups like isolated tribals, where marriage ages are quite young impacting rights provided to minorities ( article 29)
• Potential to severely penalise the couples who marry between the ages of 18 and 21. Presently consensually marrying and conceiving a girl under 18 invites Prevention of Children from Sexual Offences Act provisions on a boy ( statutory rape). Such an amendment can increase such cases affecting freedom ( article 19, article 21) as well as burdening the judiciary with impact on serious cases where judicial intervention is needed more.
• The notwithstanding clause causes interference in personal laws by such colourable legislation violating article 25 ( freedom of conscience and religion) as the age of marriage is different in personal laws like the Shariat Act

However, such changes can ensure a move towards the better realization of the fundamental rights of everyone:

• Giving a message to society about the age of marriage, girls can study more increasing our higher education enrollment ratios helping realize the right to education ( article 21) as also supported by Mohini Jain vs the State of Karnataka.
• Delaying marriage can delay childbearing ensuring a decrease in maternal mortality and improved infant health fulfilling the right to equality by ensuring better learning outcomes for every child and the right against exploitation of women by an informed choice.
• Uniform marriage age across faith is moving towards making personal laws uniform as stated by article 44 of directive principles of state policy ( DPSP). DPSPs are a guide for lawmakers to further expand the rights of people beyond political to socio-economic spheres as well.
• It could be a move to help realize the basic rights of minorities within minorities (Muslim women) by uniformity in personal laws and by ending practices like polygamy, ‘nikah halal, etc.
• Supreme court also upheld the 2006 act over personal law in Seema Begaum D/O Khasimsab vs State of Karnataka (2013) providing no immunity on grounds of religion.
• Issues of marginalization of certain groups and statutory rapes can be dealt with by exceptions, better awareness, and education among all stakeholders such as parents of the girl child in case of consensual relations.

Better awareness regarding the ill effects of early marriage along with this legislation can bring qualitative impact upon the lives of many young people who can contribute to being an important asset to the Nation. However, to ensure acceptance by all stakeholders we should ensure detailed deliberation, and public consultation to achieve consensus to fulfil the fundamental rights of everyone in society.