Supreme Court once again petitioned regarding the age of girls
The age of marriage of young men and women of all religions has now increased to 21 years, and once again, Ashwini Upadhyay has approached the Supreme Court. Even before this, in August 2019, the Delhi High Court issued a notice to the Center and the Law Commission of India in the decision of Ashwini Upadhyay's petition. In this, he demanded equalization of the legal age of marriage for men and women. It has been said in this PIL that the country has different ages for marriage. This system is against the right to equality given in the Constitution and against the dignity of women. At present, the minimum age of marriage for girls in India is 18, while the minimum age for boys is 21.
The Centre's task force was constituted to examine problems related to childbearing age, reduce maternal mortality rate (MMR), and improve nutritional levels and related issues. NITI Aayog member Dr. VK Paul was also included in the task force formed by the Ministry of Women and Child Development in June 2020.
However, there has been talking about increasing the age of marriage before. Even before this, in 1978, women's marriage increased from 15 to 18 years. As India progressed on the development path, education, and career avenues opened up for women.
What was the demand in the petition of Advocate Ashwini Upadhyay?
- Advocate Ashwini Upadhyay once again filed a petition regarding the age of marriage. In this, he demanded equalization of the legal age of marriage for men and women. This PIL has said that a different age has been fixed for marriage in the country. This system is against the right to equality given in the Constitution and against the dignity of women. That's why this system should be abolished, and the marriage age should be equal.
- The petition states that in the current system, the minimum age of marriage has been kept at 21 years for men and 18 years for women. This is happening due to various legal provisions of the Indian Christian Marriage Act, Parsi Marriage and Divorce Act, Special Marriage Act, Hindu Marriage Act, and Child Marriage Prevention Act. This is discrimination against women. Therefore, the age of marriage for them should be declared illegal at 18 years. The petition also claimed that the difference in the age of marriage violates the principles of gender equality, gender justice, and the dignity of women. That's why girls' marriage ages should be increased from 18 to 21.
Why did the Supreme Court dismiss Ashwini Upadhyay's petition?
- The Supreme Court dismissed a petition seeking a uniform minimum age of marriage for both men and women. Dismissing the petition, the court said that some matters are reserved for the Parliament. A bench headed by Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the issue. The bench also said during this time that the Supreme Court could not issue a mandate (an extraordinary writ) to the Parliament to make a law. He also said such matters are for the Parliament; we cannot make laws here.
- The Supreme Court said it is a matter of amendment in the law. In such a situation, the court cannot order the Parliament to bring an ordinance. If the court cancels the age of 18 years of marriage, then there will be no minimum age for marriage.
- But the Supreme Court dismissed the petition saying that this court cannot issue mandamus. The job of Parliament is to make laws.
- We cannot interfere in the work of the Parliament. Therefore, we reject this petition. The Supreme Court has said that the courts should separate from religious beliefs and make laws in which the exact age of marriage is fixed. The minimum age for the marriage of girls should also be fixed, which should be applicable to all citizens.
Why did the court reprimand, Ashwini Upadhyay?
- The court reprimanded the petitioner, BJP leader, and lawyer Ashwini Upadhyay and said don't teach us what we should do as protectors of the Constitution. Don't make fun of these PILs.
Why is there a minimum age for marriage in India?
- Mandatorily outlaw’s child marriage and sets the minimum age of marriage to prevent abuse of minors. The minimum age of marriage for girls in India was increased from 15 to 18 years in 1978. As per the current law, the minimum age of marriage for men in the country is 21, and for women is 18.
Under the law, the proposal to increase the age of marriage of a woman from 18 years to 21 years was approved by the Union Cabinet. The legal age of marriage for men in the country is only 21 years. After getting the cabinet's approval, the government will bring a law to amend the Prohibition of Child Marriage Act 2006. Along with it, amendments will be made to the Special Marriage Act and personal laws like the Hindu Marriage Act 1955. But all these amendments have been stuck in the Parliament since 2021. Now it has to be seen when the Parliament will bring a law on girls' marriage age. Share the article further with more people.
Vakilkaro is a Best Legal Services Providers Company, which provides Civil, Criminal & Corporate Laws Services and Registration Services like Private Limited Company Registration, LLP Registration, Nidhi Company Registration, Microfinance Company Registration, Section 8 Company Registration, NBFC Registration, Trademark Registration, 80G & 12A Registration, Niti Aayog Registration, FSSAI Registration, and other related Legal Services.
Contact India's best Legal Firm, Vakilkaro, today. You can give us a call at +919828123489 or may write an Email also at help@vakilkaro.co.in. We are here to serve you 24/7.
"Happy Customer serves the company success"- we aim to achieve this through our legal services."
Why should you trust Vakilkaro?
- 100% guaranteed satisfaction
- Largest Network across India
- Easy to Hire
- Provides legal service in easy language.