Which Landmark Bill Has Been Passed By Himachal Pradesh That Raises Marriage Age For Women From 18 to 21 Through Voice Vote And Why?
On 27th August 2024, the Himachal Pradesh Assembly passed a bill The Prohibition of Child Marriage (Himachal Pradesh Amendment Bill, 2024) that aims to raise the marriage age for women from 18 years to 21 years by a voice vote.
The bill to raise the legal marriage age for women by the Himachal Pradesh Assembly has amended The Prohibition of Child Marriage (PCM) Act which was passed by the parliament in 2006.
What is a Voice Vote?
A voice vote is a voting method done verbally carried out in a parliament. It is a voting method carried out in deliberative assemblies such as the legislature in which a vote is taken by the members of the parliament (in India referred to as MPs) to decide on a particular topic or decision.
Deliberative assemblies are bodies that use parliamentary procedures to arrive at a decision on a topic and pass bills using several methods of voting.
What Is The Reason To Pass The Bill To Raise The Legal Marriage Age For Women From 18 to 21 Years in Himachal Pradesh?
The bill aims to eliminate the age distinction between men and women in the definition of a ‘child’ ensuring both genders are treated equally by law.
Secondly, the bill also amends the definition of ‘child marriage’ to ensure it applies to all in Himachal Pradesh overriding any conflicting laws, traditions, customs or religious practices that may allow minors to marry.
To Protect Women- The reason to raise the legal age from 18 to 21 years for women is to enhance opportunities for education and personal development.
Early marriage has a significant negative impact on a woman’s education and career progression and also impacts their health and well-being.
The bill aiming towards the advancement of women in society the bill emphasizes on the sentiment that early marriage hinders both the professional growth and the physical growth of women making the amendment necessary for empowerment of the women.
Amendments Done-
Key amendments to the PCM Act are done by the Bill. The bill firstly redefines the definition of a ‘child’ as any individual, a male or a female, who has not completed 21 years of age.
This amendment removes the previous legal distinction of adulthood where women were considered adults at 18 years of age therefore legally qualified to marry and men were considered adults at 21 years of age therefore legally qualified to marry.
Timeframe To File A Petition To Annul A Child Marriage Extended By The Bill- The bill also aims to extend the timeframe for individuals to file a petition to annul a child marriage.
What is a Voice Vote?
A voice vote is a voting method done verbally carried out in a parliament. It is a voting method carried out in deliberative assemblies such as the legislature in which a vote is taken by the members of the parliament (in India referred to as MPs) to decide on a particular topic or decision.
Deliberative assemblies are bodies that use parliamentary procedures to arrive at a decision on a topic and pass bills using several methods of voting.
When a debate on a subject in the parliament has to be concluded, the chairperson of the assembly asks for the votes from MPs of the assembly and those who are in the favour of the decision to say “Aye” which means ‘Yes’ and those who are not in the favour of the decision to be made to say “Noes” which means ‘No’.
Why Is a ‘Yes’ called out “Ayes” and ‘No’ called out “Noes” in Voice Voting?
The ayes and noes have their roots in the British rule in India. The Indian Parliament that has continued to practice British practices, In the British Parliament the practice has long been to respond to Yes as Aye and No as Noes.
Previously, to file such a petition, individuals had up to two years after reaching adulthood (20 years for women and 23 years for men).
The new amendment extends this period to five years equally giving men and women the right to annul their marriages until the age of 23.
ALSO LEARN- What Is A Voice Vote And Why Is a ‘Yes’ called out “Ayes” and ‘No’ called out “Noes” in Voice Voting?