PROHIBITION OF CHILD MARRIAGE BILL 2024 (Syllabus GS Paper 1 – Social Issues)

Context: The Himachal Pradesh Assembly passed a Bill to raise the minimum age of marriage for women from 18 to 21 years.

Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024 (Provisions):

• About: The Bill amended the Prohibition of Child Marriage (PCM) Act, which was passed by Parliament in 2006.
• Uniform Age Definition: The Bill amends Section 2(a) of the PCM Act, redefining a "child" as any individual, male or female, under 21 years of age, eliminating the previous gender-based age distinction.
• Revised Child Marriage Definition: Section 2(b) of the PCM Act is amended to redefine "child marriage" as a marriage where either party is a child. 

oThe Bill introduces a clause giving this definition precedence over any conflicting laws, customs, or practices.

• Universal Application of Marriage Age: The Bill ensures that the new legal marriage age for women (21 years) applies universally across Himachal Pradesh, overriding any other laws or cultural practices that allow for earlier marriages.
• Introduction of Section 18A: The Bill introduces Section 18A, which extends the overriding effect to the entire PCM Act and its provisions, ensuring uniform application of the law.
• Extension of Petition Period: The Bill extends the time period for filing a petition to annul a marriage from two years to five years after reaching the age of majority, allowing individuals to file until they turn 23.

Process of law making in state legislature

• Scope: The Concurrent List in the Seventh Schedule of the Indian Constitution includes subjects on which both the central and state governments can legislate.
• State Legislation Process: Under Article 200, a Bill passed by a state Assembly is presented to the Governor for assent.

oThe Governor can assent to the Bill, return it for reconsideration, or reserve it for the President's consideration.

• Inconsistency with Central Law: If a state law conflicts with a central law on a Concurrent List subject, the inconsistent part of the state law is considered void under Article 254(1).
• Exception Under Article 254(2): If a state Bill contradicts an existing central law, it must be reserved for the President’s consideration and can only become valid if the President gives assent.