What’s in today’s article?

• Why in News?
• Debate surrounding the minimum age for marriage for girls
• Himachal bill to raise women’s marriage age
• Legislative Process and Constitutional Implications of Himachal Pradesh's Marriage Age Bill

Why in News?

The Himachal Pradesh Assembly has passed the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024. The Bill proposed to raise the minimum age of marriage for women from 18 to 21 years.

In order to do so, the bill amended the Prohibition of Child Marriage (PCM) Act, which was passed by Parliament in 2006.

Debate surrounding the minimum age for marriage for girls

• The demand to raise the minimum age for marriage for girls to 21 in India has been growing due to several social, economic, and health-related factors:
• Gender Equality and Education
  • Higher Education: Raising the marriage age allows girls more time to complete their education. This will improve their career prospects.
  • Empowerment: Delaying marriage can help empower women by giving them more time to develop skills and become financially independent.
• Health and Well-being
  • Maternal Health: Early marriage often leads to early pregnancies, which are associated with higher risks of maternal and infant mortality.
  • Raising the marriage age allows girls to attain physical and emotional maturity, leading to safer pregnancies and better health outcomes for both mothers and children.
  • Child Development: Delaying motherhood gives women the opportunity to provide better care and nurturing to their children.
  • They are more likely to be emotionally and economically prepared.
• Reducing Child Marriage
  • Combatting Child Marriage: Child marriage is still prevalent in some parts of India, leading to various social issues such as domestic violence, lack of education, and poverty.
• Economic Development
  • Workforce Participation: Delaying marriage can increase women's participation in the workforce, which contributes to economic development.
• Key challenges
  • Different age for attaining majority and being allowed to marry
    • The Bill increases the minimum age of marriage for females to 21 years, bringing it on par with that for males. 
    • However, the age of attaining majority is 18 years under the Majority Act, 1875. 
    • This difference may have consequences regarding the rights and responsibilities of persons between 18 and 21 years of age.
• Inconsistencies between the minimum age for marriage and various SC Judgements
  • In 2018, the SC said that right to marry is part of right to life under Article 21 of the Constitution.
  • In another case in 2018, the Court held that when two adults consensually choose each other as life partners, it is a manifestation of their choice.
• This choice is recognised under Articles 19 and 21 of the Constitution.
  • The current Bill restricts the right to marry before the age of 21 years.
  • Hence it raises question about the reasonableness of restriction for those between the ages of 18 and 21 years.
  • For any restriction of fundamental rights by law, there needs to be three criteria.
  • These are: a public purpose, the restriction having a nexus with such purpose, and absence of a less intrusive way to achieve the purpose.
• Implementation challenges
  • There has been limited success in curbing marriage of girls below the age of 18 years.
  • In 2020, only 785 cases were registered under the 2006 act highlighting the fact that the detection of such marriages remains low.
  • This raises the question of whether the increase in the minimum age would have any significant impact in reducing child marriages.

Himachal bill to raise women’s marriage age

• The Himachal Pradesh Bill amends the Prohibition of Child Marriage (PCM) Act by raising the minimum marriage age for both males and females to 21 years, eliminating the previous age distinction.
• The Bill defines a "child" as anyone under 21, regardless of gender, and gives this new age limit overriding authority over any other law or cultural practice that might permit earlier marriage.
• Additionally, it extends the time frame for filing a petition to annul a child marriage, allowing individuals to do so within five years of reaching the age of majority, giving them until the age of 23 to annul the marriage.

Legislative Process and Constitutional Implications of Himachal Pradesh's Marriage Age Bill

• The Himachal Pradesh Bill seeks to amend the Prohibition of Child Marriage (PCM) Act by raising the minimum marriage age for women to 21 years, conflicting with the central law that sets it at 18.
• Since marriage is a subject under the Concurrent List, both the central and state governments can legislate on it.
• However, when a state law contradicts a central law, Article 254(1) of the Constitution renders the conflicting part of the state law void unless the President gives assent under Article 254(2).
• The Bill must therefore be reserved for President's consideration by the Governor of Himachal Pradesh.
• The President’s assent is necessary for the Bill to become law, similar to the process seen with Uttarakhand’s Uniform Civil Code (UCC) Bill.

Q.1. Why did Himachal Pradesh raise the minimum marriage age for women?

Himachal Pradesh raised the minimum marriage age for women to 21 to promote gender equality, improve health outcomes, and support women's education and career opportunities.

Q.2. What are the legal implications of the Himachal Pradesh marriage age Bill?

The Bill conflicts with central law, requiring presidential assent under Article 254(2) to be valid, making it a crucial step in legal and constitutional terms.

Source: Himachal Bill raises women’s marriage age; what happens next? | Indian Express | The Hindu

What’s in today’s article?

• Why in News?
• What is Section 45 of the PMLA?
• Key highlights of the judgement

Why in News?

A study by the Energy Policy Institute at the University of Chicago (EPIC) found that favorable meteorological conditions and slightly reduced emissions led to a decrease in PM2.5 pollution in India between 2021 and 2022. This, in turn, has contributed to a one-year increase in the country's average life expectancy.

The report also underlined that meeting the World Health Organization (WHO)’s pollution guidelines would increase Delhi residents’ life expectancy by 7.8 years..

WHO’s revised air quality guidelines 2021

• In September 2021, the World Health Organization (WHO) has strengthened its air quality guidelines.
• The revised norms recommend air quality levels for six pollutants:
  • Ozone, nitrogen dioxide, sulphur dioxide and carbon monoxide.
  • The other two are PM10 and PM2.5 -- particulate matter equal or smaller than 10 and 2.5 microns in diameter.
• The recommended levels for all the six pollutants have been revised downwards from theexisting norms that have been in place since 2005.
• The WHO norms are not binding on any country.

Key highlights of the report

• About the report
  • The annual report, "Air Quality Life Index" 2024, has been released by the Energy Policy Institute at the University of Chicago (EPIC).
  • The report involves an annual assessment of air quality worldwide, highlighting regions where standards have not been met and instances of policy successes and failures.
• Key highlights
  • A dip in particulate pollution (PM2.5) in India between 2021 and 2022
    • India recorded a significant 19.3% drop in particulate pollution in 2022 compared to 2021, the second-highest reduction in the world after Bangladesh.
    • Decline in particulate pollution added an average of 51 days to the life expectancy of every citizen.
    • The researchers attributed this decline to favourable meteorological conditions and a reduced number of thermal inversions.
    • During thermal inversions, a layer of warm air traps cooler air near the ground, causing pollution to build up.
  • Need to meet the WHO's annual PM2.5 concentration standard
    • Indians are likely to lose 3.6 years of life expectancy if the country fails to meet the WHO's annual PM2.5 concentration standard of 5 micrograms per cubic metre.
    • PM2.5 concentrations in India in 2022 were around 9 micrograms per cubic metre, 19.3% lower than 2021.
  • Most significant declines
    • The most significant declines were observed in Purulia and Bankura districts of West Bengal, followed by Dhanbad, Purbi, Paschim Singhbhum, Paschim Medinipur and Bokaro districts in Jharkhand.
    • In each of these districts, PM2.5 concentrations dropped by over 20 micrograms per cubic metre.
  • India's population still living in areas exceeding the national air quality standard
    • 42.6% of India's population still lived in areas exceeding the national air quality standard.
    • The report emphasizes that while air pollution remains the greatest external threat to life expectancy, setting and enforcing ambitious air quality standards could significantly improve public health.
  • Impact of the National Clean Air Programme (NCAP)
    • The report said that PM2.5 concentrations declined by 19% on average in districts with cities covered by India's flagship programme on air quality management, the National Clean Air Programme (NCAP).
    • Launched in 2019, the NCAP is India's first national effort to set clean air targets.
    • It aims for a 20-30% reduction in particulate pollution by 2024, using 2017 as the base year.
    • The revised target is a 40% reduction by 2026, with 2019-20 as the base year.
    • The programme covers 131 non-attainment cities, which consistently failed to meet the prescribed national ambient air quality standards between 2011 and 2015.
    • Districts not covered by the programme saw a 16% decline.
• Innovative practices highlighted by the report
  • In 2019, Gujarat launched the world's first market for particulate pollution, which has since reduced pollution by 20-30% in Surat and is rapidly expanding to other cities and states.
• These types of innovative policies demonstrate that it is possible to achieve improvements in air quality and people's health, without unduly impeding economic growth.
  • The report also praised India's clean cooking programme, the Pradhan Mantri Ujjwala Yojana.
• The decline in emissions from the residential sector in India can largely be attributed to the nationwide rollout of this scheme.
  • It attributed the reduction in transport-related emissions to the decreased use of diesel in the transport sector.

Q.1. How did PM2.5 pollution affect life expectancy in India in 2022?

The decline in PM2.5 pollution in 2022 added one year to India's average life expectancy, highlighting the health benefits of improved air quality.

Q.2. What contributed to the reduction of PM2.5 pollution in India between 2021 and 2022?

Favorable meteorological conditions and slight emission reductions contributed to the decrease in PM2.5 pollution, resulting in significant health benefits across the country.

Source: Here’s why PM 2.5 pollution dipped in 2022 in India | The Hindu | Times of India