The debate regarding the “uniform minimum age” for marriage in India has recently come to the forefront with the Supreme Court (SC) expressing its intention to examine the plea to consolidate and transfer cases related to this matter from the Delhi and Rajasthan High Courts. In an effort to ensure gender justice, equality, and the dignity of women, the Union government has also initiated a review of the current minimum age of marriage for women, which stands at 18 years old.
Background on the Debate
The plea that sparked this discussion was filed with the primary motive of ensuring gender justice, gender equality, and respect for the dignity of women. It argued for the removal of discrepancies in the minimum age of marriage and called for it to be made gender-neutral, religion-neutral, and uniform for all citizens. The matter is being overseen by a Bench led by the Chief Justice of India (CJI), who has asked the government for a formal reply to the plea.
The Current Legal Stance on Minimum Age for Marriage in India
Multiple laws in India stipulate that the minimum age for women to marry is 18, while for men it’s 21. According to the Hindu Marriage Act of 1955, the minimum ages for brides and grooms are set at 18 and 21 years respectively. In Islam, a minor who has reached puberty is considered eligible for marriage. Furthermore, the Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also propose 18 and 21 years as the minimum age of consent for marriage for women and men correspondingly.
Potential Benefits of Raising the Marriageable Age for Girls and Making it Uniform
There are multiple socio-economic arguments in favor of raising the marriageable age for girls. These include the potential for reducing the Maternal Mortality Ratio (MMR) and improving nutrition levels. On the economic front, increasing the marriage age could promote higher education and career opportunities for women, leading to financial empowerment and a more balanced society. The move may also increase female labor force participation by encouraging more women to pursue graduation.
Drawbacks of Increasing Marriageable Age for Girls and Making it Uniform
However, there are notable drawbacks to consider. The minimum age is not synonymous with mandatory age and only indicates the threshold below which criminal prosecution under child marriage laws might occur. Raising the minimum age to 21 years could infringe upon the rights of girls to make personal decisions before reaching this age. There’s a risk that the child marriage law could be exploited by parents against their daughters who elope, using it as a tool for parental control. Despite legal ramifications, socially sanctioned arranged marriages performed before the legal age continue to hold validity in the eyes of the community.
Implications and The Way Forward
Any substantial change in societal behavior requires a fundamental shift in perspective. Legal measures alone cannot bring about effective change unless they are accompanied by internal modification in individual attitudes. Overcoming entrenched stereotypes is crucial. There needs to be a common understanding that raising the legal age for marriage is not just legally necessary, but also essential for breaking free from the stereotypical notion that women mature faster than men and therefore can marry sooner.
