Supreme Court seeks govt reply on women marriage age

NEW DELHI:   The Supreme Court on Friday sought Centre’s response in a plea by National Commission for Women seeking uniform age of marriage for women. The notice was issued by the bench of CJI DY Chandrachud and Justice PS Narasimha. 

NCW while also seeking for equal application of POCSO Act, IPC and PCM Act irrespective of religion/ personal laws had also sought for making 18 years as “marriageable age” of boys/men irrespective of their religion. 

It was argued in the petition that although the minimum age of marriage under various personal laws other than Muslim personal law was in consonance with the prevailing penal laws. The plea further said that the same was not only arbitrary, irrational and discriminatory but also violative of POSCO Act, IPC and Prohibition of Child Marriage Act. 

“The ‘minimum age of marriage’ under various personal laws, other than the Muslim personal law, is consistent and in consonance with other prevailing penal laws. Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the ‘minimum age of marriage’ for a man is 21 years and for a woman is 18 years.

However, under the Muslim personal law in India, which continues to remain uncodified and unconsolidated, persons who have attained puberty are eligible to get married i.e., on attaining the age of 15 years (in absence of evidence), while they are still minor,” the plea had said. 

“The aforesaid penal provisions are age centric and not religion centric / personal law centric. There is no exception whatsoever provided under the said provisions on the basis of religion of the child and the same applies equally to all the children, notwithstanding the personal law by which the child is governed, his / her religion, caste, marital status, etc.,” the petition further said.