𝐋𝐞𝐠𝐚𝐥 𝐌𝐢𝐧𝐢𝐦𝐮𝐦 𝐀𝐠𝐞 𝐟𝐨𝐫 𝐖𝐨𝐦𝐞𝐧’𝐬 𝐌𝐚𝐫𝐫𝐢𝐚𝐠𝐞 𝐑𝐚𝐢𝐬𝐞𝐝 𝐭𝐨 𝟏𝟖 𝐀𝐟𝐭𝐞𝐫 𝐃𝐞𝐜𝐚𝐝𝐞𝐬 𝐨𝐟 𝐀𝐦𝐛𝐢𝐠𝐮𝐢𝐭𝐲

…𝒄𝒉𝒂𝒏𝒈𝒆 𝒃𝒓𝒊𝒏𝒈𝒔 𝒍𝒆𝒈𝒂𝒍 𝒄𝒍𝒂𝒓𝒊𝒕𝒚 𝒂𝒏𝒅 𝒓𝒆𝒇𝒍𝒆𝒄𝒕𝒔 𝒔𝒄𝒊𝒆𝒏𝒕𝒊𝒇𝒊𝒄 𝒆𝒗𝒊𝒅𝒆𝒏𝒄𝒆 𝒐𝒏 𝒎𝒂𝒕𝒖𝒓𝒊𝒕𝒚 𝒂𝒏𝒅 𝒅𝒆𝒄𝒊𝒔𝒊𝒐𝒏-𝒎𝒂𝒌𝒊𝒏𝒈

By Yeshi Dolma

For decades, 18 was widely accepted as the minimum legal age for marriage in Bhutan. Schools enforced it, awareness campaigns promoted it, and courts generally followed it. Yet one important element lagged behind: the law itself. The Marriage Act of 1980 allowed girls to marry as young as 16, a clause that remained unchanged despite shifts in national policy and practice. This created a contradiction between common understanding and what was legally binding.

That discrepancy was addressed last week during a Joint Sitting of Parliament on June 25, 2025. Lawmakers passed the Marriage (Amendment) Bill of 2024, officially raising the minimum marriage age for women to 18. The change aligns the law with existing practice in many sectors and Bhutan’s broader legal framework and international obligations.
The amendment was first introduced in the National Assembly last year at the request of the National Commission for Women and Children. After the National Council rejected it in a previous session, the bill was brought to a Joint Sitting where 49 members voted in favor, 14 opposed, and two abstained.

MP Dorji Wangmo, a member of the Joint Committee overseeing the bill, explained the long-standing contradiction. “The Marriage Act of 1980 allowed girls to marry at 16. But over time, our legal and social practices transitioned to 18. That mismatch will create unnecessary ambiguity. It was time to align our laws with our current standards,” she said. “A clearly stated age limit helps courts, communities, and citizens know where the line is.”
This ambiguity has real consequences beyond legal interpretation. Khamaed-Lunana MP Pema Drukpa highlighted that girls marrying below 18 face difficulties obtaining official documentation. “If a girl under 18 marries, she cannot obtain a legal marriage certificate. That means any child from such a union won’t be registered in the census, which denies them access to services like education,” he said.

Yeezang De Thapa, Minister for Education and Skills Development, emphasized international responsibilities. “We are obligated to report our legal progress to various international conventions. Delaying changes like this reflects poorly on our commitment to protect children and uphold international norms,” she said.
Not all members agreed on focusing solely on this change. Chairperson of the National Council, Sangay Dorji, acknowledged the need for reform but urged a wider overhaul. “There are many outdated provisions in our laws, some dating back to 1955. While this change is important, we should not focus on a single provision. A more comprehensive reform of the Marriage Act is necessary,” he said.

Eminent Member of the Council Tashi Chhozom provided a legal explanation for why the contradiction had not caused major issues so far. “Legally, the most recent law overrides the older one when there is a conflict. Even though the 1980 Marriage Act allowed marriage at 16, other more recent laws required 18. That is why we relied on the Last-in-Time Rule and the Doctrine of Implied Repeal,” she said. “This amendment ensures the law is no longer open to interpretation.”

Singye, a former Drangpon with over 25 years of judicial experience, welcomed the clarity the amendment brings. “Courts have generally interpreted 18 as the appropriate marriageable age, but the law still stated 16 for girls, which could create inconsistencies,” he said. “Now that the law is clearly aligned with current practice, it removes doubt and ensures a unified legal standard.”

For Sonam Peldon, a mother of two, the amendment is a meaningful step. She married at 16 and later divorced. Reflecting on her experience, she said, “If I had known my rights, I would have finished school and made other choices. We think we are mature at 16, but the truth is, we are not. When nothing else protects you in life, the law must.” She added that setting a higher marriageable age could help reduce divorce rates by giving young people more time to grow and make informed decisions.

Scientific research supports this view. Neuroscience and psychology studies show that full emotional and cognitive maturity often occurs in the early twenties. A 2019 study funded by the U.S. National Institutes of Health found that psychosocial maturity—including impulse control, emotional regulation, and risk awareness—continues developing until at least age 22 to 24.

Verywell Health reports that the brain’s prefrontal cortex, which governs decision-making and long-term planning, is among the last regions to mature fully, often not until after age 21. Neuroscience News adds that executive functioning and self-regulation stabilize around age 20. This research has influenced legal debates worldwide, with some countries reconsidering age limits for activities such as alcohol consumption and criminal liability.
Dechen Tshomo, who married at 21 and later became a single mother, said the age change is important but not sufficient. “I was 21 and he was 20. He had never lived on his own. At 27, he left me with a 2-year-old and a newborn because he finally figured out who he was—and it was not with me,” she said. “I am almost 31 now and remarried. I know this marriage will last. We were older and knew who we were.”

Data from other countries also supports the case for raising the marriage age. In Bangladesh, the national divorce rate more than doubled as early marriage cases increased—from 0.7 to 1.4 per 1,000 people, with higher rates in rural areas, according to the 2022 Bangladesh Bureau of Statistics. In the United States, a University of North Carolina at Greensboro study found that women who married at 18 had a 60 percent chance of divorce, while those who waited until 23 saw the rate drop to 30 percent.

By aligning the law with modern practice, scientific findings, and lived experience, the amendment sends a clear message: legal protections must reflect reality. For young people, especially girls, the change offers not just legal clarity but a stronger foundation for life.