Introdcution:
The legal age of marriage in India is 18 for women and 21 for men. This has been the case since 1978, when the Prohibition of Child Marriage Act was amended. However, there is a growing movement to raise the minimum age of marriage for women to 21, in line with the age for men.There are several reasons why this is being advocated. First, it is argued that raising the age of marriage will give women more time to complete their education and develop their careers. Second, it is argued that it will reduce the risk of maternal mortality and morbidity, as women’s bodies are not fully developed until they are in their early 20s. Third, it is argued that it will help to break down gender stereotypes and promote gender equality. There are some who argue against raising the age of marriage for women. They argue that it will interfere with people’s freedom to choose when to marry. They also argue that it will not have a significant impact on maternal mortality, as most child marriages are not registered and therefore do not fall under the purview of the Prohibition of Child Marriage Act.
The debate over the uniform marriage age of men and women is likely to continue for some time. However, the arguments in favor of raising the age of marriage for women are compelling. By giving women more time to develop their education and careers, and by reducing the risk of maternal mortality, a uniform marriage age of 21 would be a positive step for gender equality in India. In addition to the arguments mentioned above, there are other benefits to raising the minimum age of marriage for women. For example, it would give women more time to develop their critical thinking skills and decision-making abilities. This would help them to make informed choices about their lives, including their choice of partner and their choice of whether or not to have children. Raising the minimum age of marriage would also help to protect women from exploitation. Child brides are often more vulnerable to domestic violence, sexual abuse, and forced labor. By raising the age of marriage, we can help to ensure that women have the opportunity to grow and develop into healthy, independent adults before they enter into marriage.
Of course, there are some challenges that would need to be addressed if the minimum age of marriage were to be raised. For example, we would need to ensure that there are adequate educational and employment opportunities for women. We would also need to address the cultural norms that support child marriage. However, these challenges are not insurmountable. With the right policies and programs in place, we can create a society where women have the opportunity to reach their full potential, regardless of their age.
Historical Background:
The issue of a uniform marriage age for men and women in India can be traced back to the early 20th century. In 1929, the Indian National Congress passed a resolution calling for the minimum age of marriage for women to be raised to 18. This resolution was based on the belief that child marriage was harmful to women’s health and well-being.
In 1930, the Sarda Act was passed, which set the minimum age of marriage for women at 14 and for men at 18. However, this Act was not widely enforced, and child marriage continued to be a widespread problem in India.
In 1978, the Prohibition of Child Marriage Act was passed, which raised the minimum age of marriage for women to 18 and for men to 21. This Act was more effectively enforced than the Sarda Act, and it has helped to reduce the incidence of child marriage in India.
However, the issue of a uniform marriage age for men and women is still a contentious one in India. Some people argue that the minimum age of marriage should be raised to 21 for both men and women, while others argue that it should be left to individuals to decide when they want to marry.
The debate over the uniform marriage age is likely to continue for some time. However, the arguments in favor of raising the age of marriage for women are compelling. By giving women more time to develop their education and careers, and by reducing the risk of maternal mortality, a uniform marriage age of 21 would be a positive step for gender equality in India.
Here are some of the factors that contributed to the start of the issue:
- The patriarchal nature of Indian society, which has traditionally viewed women as inferior to men.
- The lack of education and employment opportunities for women, which made them more dependent on their husbands and families.
- The cultural norms that support child marriage, which are often seen as a way to protect women’s chastity and ensure their future security.
The historical background of the uniform marriage age of men and women in India:
- 1929: The Child Marriage Restraint Act is passed, setting the minimum age of marriage for girls at 14 and for boys at 18.
- 1978: The Child Marriage Restraint Act is amended, raising the minimum age of marriage for girls to 18 and for boys to 21.
- 2006: The Prohibition of Child Marriage Act is passed, strengthening the penalties for child marriage.
- 2021: The Prohibition of Child Marriage (Amendment) Bill is introduced in Parliament, proposing to raise the minimum age of marriage for women to 21.
The recent case laws on the issue of uniform marriage age for men and women in India.
Ashwini Kumar Upadhyay v. Union of India
Facts: The petitioner, Ashwini Kumar Upadhyay, filed a petition in the Supreme Court seeking to raise the minimum age of marriage for women from 18 to 21. He argued that the current minimum age is discriminatory and violates the fundamental rights of women. He also argued that raising the age of marriage would help to reduce the risk of maternal mortality and morbidity, and would give women more time to develop their education and careers.
Issues: The main issues in this case were whether the current minimum age of marriage for women is discriminatory, and whether raising the age of marriage would be beneficial to women’s health and well-being.
Judgment: The Supreme Court dismissed the petition, holding that the issue of uniform marriage age is a matter for Parliament to decide, not the Court. The Court stated that it would be inappropriate for the Court to intervene in this matter, as it would be usurping the powers of Parliament.
Conclusion: The Supreme Court’s decision in this case was met with mixed reactions. Some people welcomed the Court’s decision to defer to Parliament, while others criticized the Court for not taking a more progressive stance on the issue. It remains to be seen whether the Court will revisit this issue in the future.
Shahida Quraishi v. Union of India
Facts: The petitioner, Shahida Quraishi, filed a petition in the Supreme Court seeking to enhance the legal age of marriage for women to 21 at par with men. She argued that the current minimum age of marriage for women is discriminatory and violates the fundamental rights of women. She also argued that raising the age of marriage would help to reduce the risk of maternal mortality and morbidity, and would give women more time to develop their education and careers.
Issues: The main issues in this case were the same as those in the Ashwini Kumar Upadhyay case.
Judgment: The Supreme Court dismissed the petition, holding that it would amount to directing Parliament to make a law to fix the age. The Court stated that it is not the function of the Court to legislate, and that the issue of uniform marriage age is a matter for Parliament to decide.
Conclusion: The Supreme Court’s decision in this case was also met with mixed reactions. Some people welcomed the Court’s decision to defer to Parliament, while others criticized the Court for not taking a more progressive stance on the issue. It remains to be seen whether the Court will revisit this issue in the future.
In both of these cases, the Supreme Court has deferred to Parliament on the issue of uniform marriage age. This is likely due to the fact that the issue is a complex one, with no easy answers. It is also likely due to the fact that the Court is reluctant to intervene in a matter that is traditionally seen as the domain of Parliament.
However, the debate over uniform marriage age is likely to continue. It is possible that Parliament will eventually decide to raise the minimum age of marriage for women, in line with the age for men. If this happens, it would be a significant step forward for gender equality in India.
Recent Development:
The issue of uniform marriage age for men and women in India has been a long-standing one. In 2019, the Law Commission of India recommended that the minimum age of marriage for women be raised to 21 years, in line with the minimum age of marriage for men. This recommendation was based on the following grounds:
- The current minimum age of marriage for women is not in line with the global trend, which is to set a uniform minimum age of 18 or 21 for both men and women.
- Raising the minimum age of marriage for women would give them more time to complete their education and develop their skills, which would ultimately benefit them and their families.
- Raising the minimum age of marriage for women would help to reduce the incidence of child marriage, which is a major social problem in India.
In 2020, the Union Cabinet approved the Law Commission’s recommendation to raise the minimum age of marriage for women to 21 years. However, the bill to amend the relevant laws has not yet been passed by Parliament.
In recent months, there have been renewed calls for the government to pass the bill to amend the relevant laws. These calls have been made by women’s rights groups, child rights groups, and even some members of Parliament.
It is unclear when the bill will be passed by Parliament. However, the recent developments suggest that the government is now more committed to raising the minimum age of marriage for women than ever before.
Here are some of the recent developments:
- In March 2023, the Ministry of Women and Child Development issued a notification stating that the government is committed to raising the minimum age of marriage for women to 21 years.
- In April 2023, the National Commission for Women (NCW) wrote to the Prime Minister, urging him to pass the bill to amend the relevant laws.
- In May 2023, a group of MPs from the Rajya Sabha submitted a petition to the President of India, urging him to intervene and ensure that the bill is passed by Parliament.
It is hoped that the government will take these recent developments into account and pass the bill to amend the relevant laws as soon as possible. This would be a major step forward in the fight against child marriage and gender inequality in India.
Situational Analysis:
Pros of Increasing Marriageable Age for Girls and Making it Uniform:
- Socio-economic Fronts: Increasing the legal age for the marriage of women has enormous benefits on social and economic fronts including:
- Lowering the Maternal Mortality Ratio (MMR).
- Improvement of nutrition levels.
- On the financial front, opportunities will be opened up for women to pursue higher education and careers and become financially empowered, thus resulting in a more egalitarian society.
- More female labour force participation: Increasing the marriage age will push the mean marriage age higher and will lead to more females doing graduation and hence improving the female labour force participation ratio.
- The percentage of females doing graduation will increase by at least 5-7 percentage points from the current level of 9.8%.
- The benefit for both: Both men and women will gain economically and socially by marrying when they are more than the legal age, but added that the urge of the women is much higher as they always get a higher payoff by becoming financially empowered to take decisions.
Cons of Increasing Marriageable Age for Girls and Making it Uniform:
- Minimum is not mandatory: Minimum age of marriage does not mean mandatory age.It only signifies that below that age there could be criminal prosecution under the child marriage law.
- Rights of the girls are threatened: Increasing the age of marriage to 21 years would mean that girls will have no say in their personal matters until they are 21.
The elementary right that the Convention of the Right of Children of theUnited Nation bestows upon minors — the right to be heard, the right for their views to be considered — will be denied to girls right up till 21, beyond adulthood. - Exploitation of law by parents: The child marriage law has been used by parents against eloping daughters. It has become a tool for parental control and for punishment of boys or men whom girls choose as their husbands.
Most cases that are taken to court are self-arranged marriages.And only one-third of the cases relate to arranged marriages, which are sometimes brought by parents or husbands to dissolve or to nullify marriages that have broken down because of domestic violence, dowry or compatibility issues. - Social validity of marriages: Even if the law declares a marriage before the specified age as void, in the eyes of the community, arranged marriages will have social validity.This worsens the condition of the girls who are widowed even before reaching the new legal age for marriage. Increased female infanticide: Moreover, raising the female marriage age in the countries that have high son preference and high poverty may have the unintended consequence of increasing the prevalence of female infanticide and sex-selective abortion.
Way forward:
Altering the thinking:
Any ground-level change will only happen when the psyche of people will alter. No law is effective if change does not occur from within.
Erasing the stereotype:
Increasing the legal age for marriage is a must, even legally as it should get us out of the stereotype mindset that women are more mature than men of the same age and therefore can be allowed to marry sooner.
Conclusion:
It is a societal fact that women are expected to start families right away and are also compelled to perform household duties in accordance with their stereotyped family roles. This hurts their academic and professional goals, and it frequently interferes with their right to reproductive autonomy. According to a ruling by the Supreme Court, the legislature and the government must decide on a uniform marriage age for men and women, no matter how desirable it may be.
The recent developments suggest that the government is now more committed to raising the minimum age of marriage for women than ever before. However, it is still unclear when the bill will be passed by Parliament. If the bill is passed, it would be a major step forward in the fight against child marriage and gender inequality in India. It would also send a strong message that the government is committed to the rights of women and girls.
The benefits of having a uniform marriage age for men and women:
- It would help to reduce the incidence of child marriage, which is a major social problem in India.
- It would give women more time to complete their education and develop their skills, which would ultimately benefit them and their families.
- It would help to promote gender equality, as it would remove the legal basis for discrimination against women on the basis of their age.
References:
https://www.legalbites.in/topics/articles/uniform-marriage-age-of-men-and-women-898062
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Article Written By: JANGAM SHASHIDHAR.
