AGE FOR MARRIAGE IN INDIA

Marriage, children, family are integral part of life. But suddenly there is an awakening regarding the "AGE" when the budget was presented (in February 2020) by the finance minister.

Not many are aware of the still existing child marriage, women between age of 15- 18 being a mother and several other social issue related to marriage at early age than prescribed and several litigations related to it.

The finance minister Nirmala Sitharaman when she had said "a task force will be constituted to recommend an appropriate age for women in India to become mothers. The legal age for marriage in India is 18 for girls and 21 for boys."

• Since 1978, the minimum legal age for marriage has been 18 for women and 21 for men.
• The main reason for reconsidering this is the maternal mortality rate (MMR), health of young mothers in India,improvement of nutritional levels and related issues.
• Genesis of this issue is from the case Independent Thought vs Union Of India October 2017 SC judgement which primarily focused on marital rape “exemption”.The said judgment, which held that child marriages should be rendered void-ab-initio (invalid from the outset) to shield women from marital rape, had set the ball rolling for the Centre to amend the existing law to declare child marriages invalid.
• The provisions in three laws will require amendments should the taskforce propose revision in age of marriage for women from 18 to 21 years. These three laws are — Protection of Children from Sexual Offences, Prohibition of Child Marriage Act, and Indian Penal Code.

Personal laws of various religions

• Personal laws that deal with marriage have their own standards, often reflecting custom.
• For Hindus, Section 5(iii) of the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom. 
• The Indian Christian Marriage Act of 1872, the minimum age is 21 for the groom and 18 for the bride as common in other Indian marriage acts.
• In Islam, the marriage of a minor who has attained puberty is considered valid under personal law,
• The minimum age of marriage has been challenged in courts by various Muslim organizations in India stating that the minimum age must be left as per the sharia law (after the attainment of puberty). 
• The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.

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