Context: Recently, The Supreme Court has decided to examine a plea to transfer to itself cases pending in the Delhi and Rajasthan High Courts to declare a “uniform minimum age for Men and Women” for marriage.

• Various laws state that the minimum age for getting married should be 18 for women and 21 for men.

Need for increasing marriage age

• Early marriage thwarts women’s access to social life, civic associations, peer relations, education, work opportunities, skill development and rightful health.

Early marriages deny women of their rights of

• Attaining sexual reproductive and general health
• Emotional, physical, and mental maturity.

The early marriage in the long run of life is an exposure during the fertile years, depriving women of possessing rightful standard adulthood.

• Early pregnancy is highly probable in the case of under-age marriage, which increases the under-nourishment risk in young mothers.
• Younger mothers are twice more exposed to the undernourishment than the mothers at 25 or above.
• Early pregnancy in women can affect the country’s fertility rate and public health.
• Family disputes and divorces happen in early marriages.

Advantages of Increasing marriage age

• Will help to make sure that girls are not pushed into marriage early.
• Promotes fundamental principles of gender equality, gender justice, and dignity of women.
• An equal marriage age would brush away the presumptions that women mature at a younger age compared to men, prevails universally in the Indian society, triggering the underage marriages.
• The shift in the age to 21 could provide legal protection to women who are forced to give consent until they are 21, as the under-age marriages are regarded void.

Prohibition of Child Marriage Act (PCMA), 2006, treats underage marriages as valid, but voidable.

• The raised age limit would give women opportunities to grow physically and mentally by investing their time in education, work, skill development, and advancement of social skills.

Disadvantages of increasing Marriageable Age for Girls

• It, has and will, become a tool for parental control on girls aged between 21 or less (Currently, only 18 or less) and for punishment of boys or men whom girls choose as their husbands.
• Increase the age of marriage to 21 years would mean that girls will have no say in their personal matters until they are 21.
• Despite the various strict laws prohibiting underage marriages, the number of such marriages in India is vast. So, merely, increasing marriageable age for girls will not stop underage marriages.

Key Facts

Article 139A of the constitution allows the transfer of certain cases

• Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts.
• The Supreme Court may transfer any case, appeal or other proceedings pending before any High Court to any other High Court, if it deems it expedient so to do for the ends of justice.