In a landmark decision, the Joint Sitting of Bhutan’s Parliament on 25th June passed the Marriage (Amendment) Bill of Bhutan 2024, officially raising the minimum legal age for marriage for women to 18 years. The amendment aligns the legal marriage age for both men and women at 18, correcting the previous provision in the Marriage Act of Bhutan, which allowed girls to marry at 16 and boys at 18.
The Bill, which was first introduced last year, aims to harmonize conflicting provisions across Bhutan’s legal framework, including the Penal Code and the Child Protection Act. Legislators emphasized that this change provides legal clarity and protects children’s rights, ensuring that young women are not left unregistered or denied access to education and basic services.
MP Dorji Wangmo, a member of the Joint Committee, explained, “Although the marriageable age has practically been treated as 18 since 1996, it was not clearly specified in the law. To avoid future confusion, it is necessary to have an explicit legal provision.”
Echoing this sentiment, MP Pema Drukpa of Khamaed-Lunana constituency in Gasa noted that having different minimum ages for boys and girls could create serious administrative and social complications. “If a girl under 18 marries, she cannot obtain a marriage certificate. This means any child born from such a marriage would not be recorded in the census, potentially losing access to education and other essential services,” he said.
Yeezang De Thapa, Minister for Education and Skills Development, stressed the urgency of the amendment, citing Bhutan’s international obligations. “If we delay this amendment, it could be too late. We must report to international conventions in the next three to four years. Failing to act now would signal inaction on our part,” she said.
However, not all members supported the immediate amendment. Some parliamentarians argued that instead of revising only a single clause, the entire Marriage Act—and other outdated laws—should be comprehensively reviewed.
Sangay Dorji, Chairperson of the National Council, remarked, “There are many other provisions in the Marriage Act that need updating, along with laws passed between 1955 and 1980. We should look at the broader legal framework instead of focusing only on one section.”
Tashi Chhozom, an eminent member of the National Council, clarified that under Bhutan’s legal principles, the “last-in-time” rule means the most recent law takes precedence in case of conflicting provisions. “Even if the 1980 Marriage Act sets the minimum age for women at 16, more recent laws require it to be 18 for both genders. The principle of implied repeal supports this interpretation,” she explained.
Initially, the National Council had proposed additional amendments to the Bill. When the two Houses could not agree, a Joint Committee was formed under a Royal Kasho in accordance with Article 13, Section 8 of the Constitution. This provision states that if the House of origin does not accept the other House’s recommendations, the Bill must be submitted to His Majesty the Druk Gyalpo for Royal Command to convene a Joint Sitting to deliberate and vote on the disputed provisions.
Presenting its report, the Joint Committee acknowledged the importance of the Council’s suggestions but clarified that, at this stage, only the clause on marriageable age would be addressed. A comprehensive review of the entire Marriage Act will be undertaken separately.
Following a vote in the Joint Sitting, the Marriage (Amendment) Bill of Bhutan 2024 passed with over a two-thirds majority; 49 members voted in favour, 14 opposed, and two abstained out of the 65 members present and voting.
The Bill will now be submitted to His Majesty the Druk Gyalpo for Royal Assent.
Sherab Dorji from Thimphu
