The idea of increasing the legal matrimonial age of women to 21 from 18 was mooted last year by the Government. Himachal has done it today.
A quick recap of marriageable age
Vedic age was probably the only society where women held ‘equality’, read Vedas, participated in the Sabha, and had the Upanayana samskara. Women married post the age of 16 and chose their own partners, “swayamvara”.
As time progressed and society deteriorated, the age marked new lows of 9 or even 6. The age of men remained the same. Middle aged men took pre-pubescent wives. While child marriage is still prevalent in some parts of the world, pedophilia should not be accepted and appreciated.
During the colonial age, the age was increased to 12 under the Age of Consent Act, due to efforts of Behram J. Malabari, Keshub Chandra Sen, etc. In 1929, the Child Marriage Restraint Act, increased the age to 16 and 18, for women and men, respectively.
The act was amended 31 years post-independence. The new age set was 18 and 21 for women and men, respectively
Problems of child marriage
Deprivation of youth, education, physical and social requirements, violence, early widowhood, and no means of future sustenance in case of abandonment are few of the many causes of child marriage. Shah Bano is a renowned victim of the same.
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Social or Legal
While legal reform punish such actions in a more formalized and pragmatic way, their application is not possible unless social reforms are undertaken for the same. The executive, after all, is part of society. Take dowry as an example.
Legal reform can also suffer from social backlash if the society is not ready or still at a nascent stage, for example, farm laws of 2023. Society is a mass while the government is a minority sitting in ivory towers, A law directed at an issue might ignore the chain effect it causes in other areas.
The step to increase the marriageable age of girls is most welcome. It should be coupled by a concentrated plan. Courses in schools for gender equality, instead of carving a panel to change the mindset of young boys, create a cooperative and conversational medium for the youth so they exchange thoughts. Gender issues cannot be solved by government alone. Scholarships to increase participation of women in STEM areas, pensions and article 377 will not suffice.
The pressure to protect women with education and law will subside when society transforms. There will always be a miniscule anti-social section; for which laws exist.
The Himachal government has taken the lead in women’s empowerment and other states might follow. A societal change backing legal reform is the best and lasting approach. States will have to incorporate both. Strict, quick, and realist administration with an open, liberal, participative youth will ensure the success of such laws.
