Womens panel wants 18 as the marriage age for boys

With recent court rulings stating that marriage between minors is not invalid under the law, the National Commission for Women (NCW) is taking a relook at the Child Marriage Prohibition Act.

According to the law, the marriageable age is 18 years for girls and 21 years for boys. However, marriages of those below these ages haven't been held invalid under the Act. Because of such lacunae in the law, the courts have asked the legislatures to examine the issue.

According to the law, a child marriage can be declared void only on the option of either the girl or the boy.

The NCW, which has been in discussion with several stakeholders, has also been deliberating on having a common marriageable age for both girls and boys at 18 years. The Law Commission had also made a similar recommendation.

It had stated that there was no scientific basis for having different marriage ages for girls and boys. "We are considering moving for amendments in the Prohibition of Child Marriage Act 2006. There is a view that the age of marriage could be the same at 18 years for both girls and boys," an NCW official said.

As for the issue of making invalid marriage between minors, the NCW feels that a distinction needs to be made between a child marriage which has been forced by the parents and the other which has been on the own volition of the couple.

Child rights activist Bharti Ali called the existing child marriage prohibition law as the "weakest law". The Law Commission had recommended that marriage below 16 years be made void. For marriage conducted between 16 and 18 years, it should be made voidable based on certain considerations.