In India Legal Marriageable Age of Females Is

The women`s wing of the Rashtriya Swayamsevak Sangh (RSS) said the introduction of a marriageable age would not produce the desired results. “These issues need to be addressed with public awareness and discussed more broadly,” said Rashtriya Sevika Samiti. Laws prohibiting marriage before the age of 18 have been in force in India since the 1900s. Nevertheless, child marriage continues to be practiced. In 2005, it was found that almost half of women aged 20 to 24 had married before the legal age. John therefore believes that the government would be better off avoiding the issue of legal age and instead fighting to end the practice of dowry, which encourages early marriage. The younger the bride, the lower the dowry that her parents have to pay to the groom`s side. John says the government should also push for better education standards and connections to help graduates find jobs. In the 19th century, the age of marriage for women was 10 years and from 1949 it was 15 years.

However, in 1978, an amendment was passed under the Child Marriage Restriction Act (CMRA) to raise the age of marriage for girls to 18. And in 2006, the Indian government enacted the Prevention of Child Marriage Act (PCMA), which replaced the CMRA with a motto to abolish child marriage. While 44 years have passed since the anti-child marriage law, the primitive practice continues in several parts of the country. The current legal age of marriage for girls in India of 18 is being severely violated, as the latest National Family Health Survey shows. Another concern is that women currently of legal age of 18 have been forced to marry by their families against their will or have not been allowed to be with those they loved and wanted to marry. However, as the legal age is now 21, girls will not be able to marry as soon as possible after their choice, and they will be forced to live with their controlling and intrusive families for an extended period of time. This time could also be abused by patriarchal families to restrict and control their activities. In this context, there is also no guarantee that raising the legal age limit will enable more families to provide education for girls.

The Odisha State Commission for the Protection of the Rights of the Child (OSCPCR) opposed the centre`s decision to raise the legal age of marriage for girls, saying it would be ineffective in preventing child marriage and aggravating cases of fetal killing and of single mothers. Legal support, she says, can help girls convince their parents to provide them with higher education and put them on the path to financial independence. Before raising the legal age of marriage, the government should work on the Right to Education Act (RTE). It should be extended beyond the age of 14 and guaranteed at least upper secondary education, especially in the midst of the COVID-19 pandemic, when girls` drop-out rates reached a new high. By raising the age of marriage for women to 21, the proposed legislation aligns the legal age of marriage for men and women. It contains amendments to the personal status laws of different communities regarding the age of marriage in order to ensure uniformity in this regard. “When the legal age reaches 21, is it reprimanded if a person in a sexual relationship between 18 and 20 is reprimanded or if the age of majority also increases to 21 for girls,” Tuteja asked. Another consideration is gender parity. Section 4 (c) of the Special Marriage Act states that the legal age of marriage is 18 for women, while the age of marriage is 21 for men, but there does not appear to be any reasonable justification for this distinction. The voting age is the same, the age of intentional consent and entering into a contract is the same, and given that, the age to commit for life should be no different. In the landmark Independent Thought v.

Union of India, the Supreme Court has said it is important that the age of marriage between men and women is equitable. Early marriages linked to early childbearing pose a greater challenge: 6.8% of women aged 15-19 were mothers or pregnant at the time of the survey. This phenomenon also shows a clear urban-urban divide, with its rarity in urban areas and a higher prevalence (8%) in rural areas. The change in the age of marriage for girls is directly related to the change in the age of marriage for men, which also shows a frequency where one in five men aged 25-29 is married before the legal age of 21. These national trends have their own regional differences, showing a higher incidence of over 40% of child marriage in the states of Bihar, West Bengal and Tripura. In addition, these states also experience premature motherhood among women between the ages of 15 and 19. Vinoj Manning, CEO of the Ipas Foundation for Development, says that if women can vote at 18, why do they have to choose their life partner at 21? “If you look at all the laws, 18 is the limit, why do we increase marriage to 21? This contradicts all existing legal rights in the country. From the age of consent to the right to choose an abortion, Indian laws have allowed women aged 18 and over to decide for themselves. Single women under the age of 18 need the consent of their legal guardian to have an abortion due to an unwanted pregnancy. The government should also review all of these laws before implementing this law,” Manning said.

For example, young couples sometimes run away from home to get married, hoping to avoid harassment and emotional blackmail from family members. And if they are over 18, their decision to marry is legally valid and cannot be appealed by the parents. In India, the legal age of marriage is currently 18 for girls and 21 for boys. Mitharwal says several of his friends were married off by his family as soon as they turned 18. “At this age, girls are not prepared for marriage,” she says. “They have just graduated from high school when their parents arrange their marriage and finish school.” The Indian government has taken a commendable step by raising the minimum age for marriage for women. In addition to tackling the country`s social problems, this move would also help the economy thrive. However, legislation alone is not enough to bring about change. It should be noted that, according to the 2019 report of the Ministry of Statistics and Program Implementation, the average age of marriage for women has increased to 22.1 years, which is much higher than the current and proposed legal minimum age.

This average age is higher for urban women than for rural women.