TIL BDR GHALLEY
Thimphu
The Joint Sitting of the Parliament on June 25 passed the Marriage (Amendment) Bill of Bhutan 2024, establishing 18 years as the legal minimum age for marriage for both men and women.
The Bill secured the required two-thirds majority, with 49 votes in favour, 14 against, and 2 abstentions, out of 65 members present.
This amendment revises Section B 1-11 of the Marriage Act, correcting the earlier legal discrepancy that allowed marriage at 18 for males but 16 for females.
The change brings the Marriage Act in line with the Penal Code of Bhutan 2004, Contract Act of Bhutan 2013, and the Child Care and Protection Act of Bhutan 2011, all of which recognize 18 as the legal age of adulthood.
The Bill was initially endorsed by the National Assembly during its Second Session, but faced contention after the National Council proposed additional amendments.
When these were not accepted in the final vote, a Joint Committee was formed as per the Royal Kasho and Article 13, Section 8 of the Constitution.
The provision mandates a joint sitting when consensus is not reached between the two Houses.
According to Article 13, Section 8: “Where the House in which the Bill originated refuses to incorporate such amendments or objections of the other House, it shall submit the Bill to the Druk Gyalpo, who shall then command the Houses to deliberate and vote on the Bill in a joint sitting.”
While presenting its report, the Joint Committee acknowledged the significance of the amendments suggested by the National Council, but clarified that only the clause on marriageable age would be taken up in the current session.
Additionally, a comprehensive review of the entire Marriage Act would be considered in future deliberations.
“The marriageable age has remained 18 since 1996, but this was not clearly stated in the law,” said Kengkhar-Weringla MP Dorji Wangmo and a member of the Joint Committee. “To avoid ambiguity, it is important to have a clear legal provision.”
Pema Drukpa, Member of Parliament from Khamaed-Lunana, expressed concern about the impacts of maintaining unequal marriage age limits.
“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.
He said without census registration, the child will miss out on access to education.
Yeezang De Thapa, Minister of Education and Skills Development, emphasized Bhutan’s international commitments.
“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,” she said, also underlining the health and social risks of early marriage.
Some members, however, argued for a more extensive revision of the Act. National Council Chairperson Sangay Dorji said there are a lot of other provisions that need to be reviewed and changed in the Marriage (Amendment) Bill.
“There are laws 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,” he said, pointing out cases of misinterpretation during translation between Dzongkha and English.
Tashi Chhozom, a National Council member, clarified the legal position, stating, “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 earlier sessions, the National Council had proposed 26 additional provisions to the Bill, covering areas such as child support, divorce, and property rights.
These provisions were not deliberated in the current joint sitting. The Joint Committee recommended that Parliament consider these in a future comprehensive amendment of the Marriage Act.
With the passage of the Marriage (Amendment) Bill 2024, Bhutan now legally sets 18 as the minimum marriageable age for both men and women.
The Bill will be submitted to His Majesty the Druk Gyalpo for Royal Assent before it is enacted into law.
