In the early part of 2023, the Supreme Court (SC) of India dismissed a petition that sought to establish a uniform minimum age for marriage applicable to both men and women. This development has sparked a discussion on the current laws and the reasons why the minimum marriage age for men and women should be the same in India. Presently, the minimum age for marriage is 18 years for women and 21 years for men. This topic is of considerable significance for the UPSC polity and social issues sections.

Uniform Marriage Age for Men and Women - UPSC Current Affairs | Testbook.com
The Background of the Debate on Uniform Marriage Age
- The Supreme Court heard a case filed by advocate Ashwini Upadhyay, who advocated for a uniform marriage age for men and women.
- As per the current laws in India, the minimum age for marriage is 18 years for women and 21 years for men.
- The Prohibition of Child Marriage (Amendment) Bill was presented in the Lok Sabha in December 2021. The bill proposes to increase the minimum age for marriage for women from 18 to 21 years.
- The petitioner, in this case, sought to elevate the minimum age for marriage for women to 21 years, making it equal to that of men.
Reasons Advocating for a Uniform Marriage Age
- The differing minimum ages for marriage for men and women contravene the principles of gender equality, justice, and dignity of women.
- The existing disparity in the minimum age for marriage for men and women infringes upon the fundamental rights.
- This form of age discrimination is a clear-cut example of inequality against women that is not in alignment with global trends, lacks scientific justification, and is based on antiquated patriarchal notions.
- In society, married women are often expected to assume a subordinate role to their husbands, and the age difference only exacerbates this power imbalance.
- The gender-based hierarchy in marriage is further aggravated by the expectation that the younger spouse should accord respect and be submissive to the older partner.
- The age difference reinforces the societal expectation of women in marital relationships to play a subservient role to their husbands, thereby creating a power imbalance in most marriages.
- The argument posits that while age itself establishes a power hierarchy , the age difference significantly amplifies this power disparity.
For more information on fundamental rights , click on the link.
The Supreme Court's Verdict on Uniform Marriage Age
- The Supreme Court dismissed a petition that demanded a uniform minimum age for marriage for men and women.
- The court also clarified that judges are not empowered to make laws as certain matters are exclusively within the purview of the Parliament.
- A bench headed by Chief Justice DY Chandrachud stated that the Supreme Court cannot issue a mandamus (an extraordinary writ) instructing the Parliament to enact a law.
Conclusion
In our society, women are expected to start families immediately after marriage and are often forced to carry out household responsibilities according to their stereotypical roles in the family. This adversely affects their educational and professional aspirations and often infringes upon their reproductive rights. The Supreme Court has ruled that the decision on a uniform marriage age for men and women, regardless of its desirability, must be made by the legislature and the government.
Related Links | |||
Right to Equality | Supreme Court | ||
Conjugal rights | Uniform Civil Code | ||
Important SC judgements for UPSC | Types of Writs in India |
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