For both male and female making it uniform across all legislations

Yangyel Lhaden

The legal age of marriage is set at 18 for both male and female, according to the Marriage Act of Bhutan 1980 (Amendment Bill 2024), which the National Assembly unanimously adopted yesterday.

The 1980 Act states that the legal age for marriage is 16 for females and 18 for males. This contradicted other Acts and laws, which state that the legal age for marriage for both males and females is 18.

The chairman of the Legal Committee, Kuenga, said that although the law in the country has recognised 18 as the legal age for marriage and has been followed as law by the Royal Court of Justice since 1996, it has not been clearly reflected in the Marriage Act. “There is a need for uniformity in the law.”

Although the 74th session of the National Assembly in 1996 recorded amendments to the provisions of the Marriage Act of 1980, the amendment raising the marriageable age for females to 18 years was not found in the text of the Amendment to the Marriage Act of 1980 (Amended 1996). The amendment was incorporated by the Office of the Research Section of the judiciary, but no official endorsement is found.

Kuenga said that  it was important to reflect the marriageable age as 18 for both females and males in the Marriage Act since later legislation recognised 18 as the marriageable age.

The Penal Code of Bhutan 2004, the Child Care and Protection Act of Bhutan 2011, the Contract Act of the Kingdom of Bhutan 2013, the Conventions on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination against Women ratified by the Parliament, all reflect the marriageable age as eighteen years for both males and females.

During deliberations, the amendment to section Kha, 1-14 of the Marriage Act of Bhutan 1980 (Amendment Bill 2024) underwent changes. 

The proposed amendment was: “Consequent to the restrictions on the marriages of minors as stipulated in the aforesaid section kha 1-11, no marriage certificates shall be granted for marriages performed between a male not attaining the age of 18 years and a female not attaining 18 years, as they are considered not to have attained the legal age for marriage.”

During deliberation, the House suggested a simpler, shorter version of the proposed amendment with the same meaning in both Dzongkha and English. 

The Legal Committee took the House’s suggestion into consideration and amended the proposed amendment to: “As restricted by Section Kha 1-11 for a marriage of minors, a male and female who have not attained eighteen years of age at the time of marriage shall not be granted marriage certificates. 

The Bill will now be forwarded to the National Council.

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