Delhi High Court issues notice in plea to raise minimum marriageable age for women to Twenty-One

The Delhi High Court today issued notice to the Central Government in a petition for raising the minimum marriageable age for women to twenty-one, thus making it at par with the minimum marriageable for men..To this end, the petitioner has challenged various provisions in different statutes including Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954, Hindu Marriage Act, 1955..The petition filed by advocate Ashwini Kumar Upadhyay was listed for hearing before a Division Judge Bench of Chief Justice DN Patel and Justice C Hari Shankar..It is the petitioner’s concern that while men in India are permitted to get married only at the age of 21, women are allowed to get married when they are 18 which is discriminatory..“This distinction is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against the global trends”, the petitioner states..Claiming that a higher minimum age will ensure more autonomy to women in every sense, the petitioner submits,.“..women have a fundamental right to be free to pursue studies and/or occupations after finishing school at the age of 18. Yet, it is a social reality that.women are expected (and often also pressurised) to beget children immediately after marriage. They are also forced to take up household chores in accordance with their stereotypical ‘roles’ in the family. This harms their educational as well as economic pursuits, and often impinges on their reproductive autonomy as well.”.It is thus argued that this “differential bar” discriminates against women, in contravention of the fundamental principles of gender equality, gender justice and dignity of women guaranteed under Articles 14, 15 and 21 of the Constitution of India..The petitioner has therefore called for equalization of minimum age for marriage for men and women..In order to secure uniform minimum age for marriage, the petitioner has prayed that Section 60(1) of the Indian Christian Marriage Act, 1872, Section 3(1)(c) of the Parsi Marriage and Divorce Act, 1936, Section 4(c) of the Special Marriage Act, 1954, Section 5(iii) of the Hindu Marriage Act, 1955 and Section 2(a) of the Prohibition of Child Marriage Act, 2006 be declared void and inoperative..The matter would be heard next by the Delhi High Court on October 30.