The marriageable age of women has been raised to 18. The Joint Sitting of the Parliament passed this provision along with the Marriage (Amendment) Bill of Bhutan, 2024 today. The disputed bill was deliberated in the Joint Sitting after the National Council rejected the bill last session.
The Marriage (Amendment) Bill of Bhutan, 2024, was introduced in the National Assembly in the summer session of last year after a request by the National Commission of Women and Children.
MPs said the change aims to align the marriageable age in the Marriage (Amendment) Bill of Bhutan, 2024 with other Acts, such as the Penal Code of Bhutan 2004, the Contract Act of Bhutan 2013 and the Child Care and Protection Act of Bhutan 2011.
Dorji Wangmo, Joint Committee Member said “The marriageable age has remained 18 since 1996, but this was not clearly stated in the law. To avoid ambiguity, it is important to have a clear legal provision.”
Pema Drukpa, Khamaed-Lunana MP of Gasa said”If we set the marriageable age at 18 for males and 16 for females, we risk harming the lives of three individuals. A girl under 18 cannot obtain a marriage certificate, which means the child born from such a marriage will not be registered in the census. Without census registration, the child will miss out on access to education.”
Yeezang De Thapa, Education and Skills Development Minister said “If we delay amending this provision, it may be too late, as we are required to report to international conventions in three to four years. If the amendment is not made, it will be noted that we have not taken action.”
However, other members questioned whether it was really important to amend this provision.
Sangay Dorji, Chairperson of National Council said “There are a lot of other provisions that need to be reviewed and changed in the Marriage (Amendment) Bill. There are lots of laws that needs to be changed that were formulated between 1955 to 1980. Therefore, instead of focusing on one provision of a bill, it is important to look into the overall Act.”
Tashi Chhozom, Eminent Member of National Council said “Legally, there is a term called the last-in-time rule, which means that when there is a conflict between two laws, the one that was enacted most recently takes precedence. Even if the Marriage Act 1980 says the female age is 16, other recent laws say both genders must be 18. Therefore, the Last-In-Time Rule and Doctrine Of Implied Repeal will cover it.”
During the joint sitting, 49 members voted in favour of the bill, while 14 opposed it, and two abstained.
During the last session, the National Council did not adopt the bill and proposed 26 additional provisions, discussing child support and divorce among others.
Today, the joint committee suggested the possibility of discussing these additional provisions in future Parliament sessions.
Singye Dema & Sangay Chozom
Edited by Tshering Zam
