Uniform Marriage Age for Men and Women [UPSC Current Affairs]

In early 2023, the Supreme Court (SC) rejected a plea seeking uniform minimum age for marriage for both men and women. In this context, it is important to understand where the law stands on this issue, and what are the arguments in favour of making the minimum marriage age for men and women the same in this country, currently it is 18 years for women and 21 years for men. This is an important topic in the UPSC polity and social issues sections.

Uniform Marriage Age Background

• The Supreme Court was hearing a case brought by advocate Ashwini Upadhyay demanding equal marriage age for men and women.
• In India, women must be at least 18 years old before they can get married, whereas men must be at least 21.
• The Prohibition of Child Marriage (Amendment) Bill was introduced in the Lok Sabha in December 2021. It proposes to raise the age of marriage for women from 18 to 21 years. 
• To be on par with men, the petitioner wants to raise the marriage age for women to 21.  

Arguments for Uniform Marriage Age

• The different marriage ages contradict the principles of gender equality, gender justice, and women’s dignity.
• Fundamental rights are violated by India’s different minimum marriage age for both men and women.
• Age discrimination is a de facto and de jure kind of inequality against women that is wholly at odds with international trends, has no scientific basis, and is founded on patriarchal preconceptions.
• It is a social fact that married women are expected to play a subordinate position to their husbands, and the age gap significantly exacerbates this power imbalance.
• The gender-based hierarchy in the marriage is made worse by the younger spouse’s expectations to respect and be subservient to her elder partner.
• The differential limit refers to the social expectation that women in married relationships play a subservient role to their husbands. Thus, there is a power disparity between the husband and wife in the majority of marriages. 
• The argument makes the point that while age itself creates a hierarchy of power, the age difference greatly exacerbates this power disparity.

Read more on fundamental rights in the linked article.

 Supreme Court Judgment on Uniform Marriage Age

• The Supreme Court rejected a petition calling for a standard minimum age for marriage for both men and women.
• Additionally, it stated that judges are not permitted to establish laws because certain issues are reserved for Parliament.
• According to a bench led by Chief Justice DY Chandrachud, the Supreme court cannot issue a mandamus (an extraordinary writ) directing parliament to pass legislation.

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.

Uniform Marriage Age for Men and Women:- Download PDF Here