MARRIAGEABLE AGE: BATTLE BETWEEN THE SEXES

In 2018, the law commission suggested that the minimum age for a legitimate marriage should be 18 years for both sexes. Naturally, this suggestion blatantly challenged the ongoing process of discrimination that women are subjected to as it directly targets the patriarchal society that a majority of  people are enchanted with, it also does not even overlook the daunting situations the sexes have to go through because of the already embedded stereotypes displayed on our vision boards.

We often give befitting replies against any act that violates our fundamental rights. Article 14 and 15 of the Indian Constitution clearly prohibits any kind of discrimination against any citizen of this country; any kind of deprivation caused by any established law will never be seen in good space, though the distinction between the minimum age of men and women evidently portrays the discrimination. Without validating the need for any predominance by a particular sex, we should put light on the Indian Majority Act, 1875 which states that any individual who attains 18 years of age and nothing before that should be called a major- someone who is allowed to take their own decisions while facing its consequences too. The Prohibition of Marriage Act also states that a girl in India cannot marry before the age of 18 and the boy cannot marry before the age of 21.

If we backtrack, we might solve the mystery behind the wide age gap between the minimum ages required by both sexes for marriage. It is all based on a premise that the girls mature faster than men but ironically also need their husbands to ‘protect’ them for any harm that obviously can never be caused by husbands themselves! This view was surely looked down upon as a patriarchal stereotype which forced many developing countries to change their laws and provide both sexes with equal status in marriage by keeping the marriageable age as 18 years. According to UNICEF, 47% of girls are married by the age of 18 years and 18% are married by 15 years of age; all these marriages are mostly performed without any consent or joy. So, the thought of creating discrepancy between minimum ages for a marriage for both the sexes does not solve the question of who protects whom, rather it places the husbands at a higher pedestal.

In the laws cited in cases of National Legal Services Authority v. Union of India, (2014) 5 SCC 438 and Pravasi Bhalai Sangathan v. Union of India, (2014) 11 SCC 477 it was argued that since, there is a difference between the minimum age required for marriage, it would do nothing but intensify the social deprivation women go through.

In conclusion, rather of preventing the sexes from any kind of inequality, the society has always been preoccupied with the obsessive norm of referring ‘men’ as the most resilient one and ‘women’ as fragile, even laws on Guardianship recognises husbands as guardians of their wives. The distinction between the minimum ages required for marriage also reinforces the popular opinion of viewing the husband as the sole breadwinner of the family, who needs extensive education and deserves all the time in the world for achieving the best for his career. The society is filled with husbands who are guided by their misogynistic attitudes that force them to think high about themselves without even considering the opportunities available for their wives. It is indeed a shame for this country who still has people who endorse this mindset to further aggravate social deprivation for women. Thus, for the betterment of the society, only those laws should prevail that enforces the thought of holistic well- being because the country is what we make it and if we keep the courage to criticize it then we should also have the potential to strengthen it.

SUBMITTED BY-

ARPITA VARMA

STUDENT REPORTER, INBA