RAISING MARRIAGE AGE FOR WOMEN - POLITY

News: Parliament can amend the law to provide uniform marriage age: Supreme Court

 

What's in the news?

       The Supreme Court was hearing a case brought by advocate Ashwini Upadhyay demanding equal marriage age for men and women.

       Three judge Bench headed by CJI dismissed a petition seeking to enhance the minimum age of marriage of women from 18 years to 21 years, on par with men.

 

Key takeaways:

       Noting that there are some matters which should be left to the “ultimate wisdom of the Parliament”, the Supreme Court dismissed a petition seeking to enhance the minimum age of marriage of women from 18 years to 21 years, on par with men.

 

Marriage ages in India:

       In India, women must be at least 18 years old before they can get married, whereas men must be at least 21.

       The Prohibition of Child Marriage (Amendment) Bill was introduced in the Lok Sabha in December 2021. It proposes to raise the age of marriage for women from 18 to 21 years.

 

Laws governing marriage age in India:

1. Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage

 

2. Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.

3. Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

 

Impacts of Early/Child Marriage: 

Arguments for Uniform Marriage Age:

1. Gender-neutrality:

       With this decision, the government will be bringing the age of marriage for both men and women at par.

       The different marriage ages contradict the principles of gender equality, gender justice, and women’s dignity.

2. Motherhood complexities:

       An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.

3. Mother and Child mortality:

       It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.

4. Women empowerment:

       The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

5. Protection from abuse:

       This will essentially outlaw premature girls marriages and prevent the abuse of minors.

6. Socio-economic fronts:

       Increasing the legal age for the marriage of women has enormous benefits including the following factors.

       Lowering the Maternal Mortality Ratio (MMR)

       Improvement of nutrition levels

       Financial front opportunities will be opened up for women to pursue higher education and careers and become financially empowered, thus resulting in a more egalitarian society.

7. More female labor force participation:

       Increasing the marriage age will lead to more females graduating and hence improving the female labor force participation ratio. The percentage of females doing graduation will increase by at least 5-7 percentage points from the current level of 9.8 percent.

8. Fundamental Rights:

       Fundamental rights are violated by India’s different minimum marriage age for both men and women.

9. No scientific basis:

       Age discrimination is a de facto and de jure kind of inequality against women that is wholly at odds with international trends, has no scientific basis, and is founded on patriarchal preconceptions.

10. Cut-out Patriarchy:

       It is a social fact that married women are expected to play a subordinate position to their husbands, and the age gap significantly exacerbates this power imbalance.

 

Challenges in raising the legal age of marriage for women:

1. Illegal marriages:

       Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.

2. Ineffectiveness of existing laws:

       Decrease in child marriages has not been because of the existing law but because of an increase in girls education and employment opportunities.

3. Unnecessary coercion:

       The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

4. Rights of the girls are threatened:

       Increasing the age of marriage to 21 years would mean that girls will have no say in their personal matters until they are 21.

5. Exploitation of law by parents:

       The law has been used by parents against eloping daughters. It has become a tool for parental control and for punishment of boys or men whom girls choose as their husbands.

6. Social validity of marriages:

       Even if the law declares a marriage before the specified age as void, in the eyes of the community, arranged marriages will have social validity.

       This worsens the condition of the girls who are widowed even before reaching the new legal age for marriage.

7. Increased female infanticide:

       Raising the female marriage age in India that have high son preference and high poverty may have the unintended consequence of increasing the prevalence of female infanticide and sex-selective abortion.

 

WAY FORWARD:

1. Address the root of the problems:

       While children born to adolescent mothers have a higher prevalence of stunting and low weight, experts argue that the underlying cause is poverty.

       There is also a need to improve access to education, skill training, and employment opportunities which are some of the barriers for girls in pursuing higher education.

       It is also important to ensure a safe environment free from the constant threat of rape and sexual assault which is why girls are married off early.

       Legislation to increase the age of marriage is superficial and does not go to the root of the problems faced by young women.

2. Steps must be taken to address early pregnancies instead of focusing on the age of marriage by extending family planning and reproductive health support which focus on preparation for pregnancy and delaying the first birth.

3. Improving educational reach: The answer to delaying marriages lies in ensuring access to education since the practice is a social and economic issue.

4. Increasing Accessibility to Schools: The government needs to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.

5. Need for the awareness programs: An awareness campaign is required on a massive scale on the increase in age of marriage, and to encourage social acceptance of the new legislation, which they have said would be far more effective than coercive measures.

 

It is a societal fact that women are expected to start families right away and are also compelled to perform household duties in accordance with their stereotyped family roles. This hurts their academic and professional goals, and it frequently interferes with their right to reproductive autonomy. According to a ruling by the Supreme Court, the legislature and the government must decide on a uniform marriage age for men and women, no matter how desirable it may be.