Philippines Bans Child Marriage, Will Raising Legal Age Of Marriage Solve India's Problems?

Philippines Bans Child Marriage: On January 6, 2022, child marriage became illegal in the Philippines as President Rodrigo Duterte announced a law banning the practice and the jail term for those who flout it. According to British-based rights group Plan International, the Philippines stands 12th in the highest number of child marriages in the world and every one out of six girls are married before the age of 18.

The President of the Philippines Rodrigo Duterte laid down a prison term of up to 12 years for marrying or cohabiting with anyone under the age of 18. This penalty is also applicable to people who arrange or solemnise underage marriages. The law states, "The state...views child marriage as a practice constituting child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of children."

Reportedly, according to the government, this law has been kept consistent as per the international conventions of the rights of women and children. However, to allow a comfortable transition of harsh reality, the government has suspended a few sections of the legislation for one year. This is to allow a transition period for Muslims and indigenous communities in the Philippines where it is prevalent.

Suggested Reading: Will Raising Marriageable Age of Women Reduce Child Marriage In India?

According to the United Nations Children's Fund report last year, more than half a billion girls and women worldwide were married as a child and the highest number of such cases were found in sub-Saharan Africa and South Asia which includes countries like India, Nepal, Pakistan, Bangladesh, Myanmar, Bhutan and Sri Lanka. However, the recent data on child marriage, generally, indicates a decline in such practices across the globe.

But recently, the Indian government decided to increase the minimum age of marriage for girls from 18 years to 21 years, the same as the legal age for men. This legislative change, the Prohibition of Child Marriage (Amendment) Bill 2021 was brought up in parliament and raised havoc outside it. Groups like Khaaps, which are famous for their anti-woman stance and child rights groups have spoken against the law.

The individuals standing for women rights are not against the law but are doubtful of its implementation in a country where regardless of child marriage being banned, it is still a modern-day issue. The Odisha Child Right's Panel opposed the law stating that juvenile justice laws only provide protection to children till the age of 18, there is no support for the vulnerable child bride between 18 and 21 years then.

The Child Right's Panel said that this new law will create a new set of issues like foeticide and unwed mothers. It will also leave people rescued from child marriage between the age of 18 and 21 in a lurch. The amendment bill is being currently reviewed by the parliamentary standing committee on education, women, children, youth and sports before it gets passed as a law.

The question on the law was raised by Sanbhyabati Pradhan, who lead's Odisha's child rights panel.