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

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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.

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