SC Quashes Petition Seeking Uniform Marriage Age For Men And Women

The Supreme Court quashed a petition seeking a uniform age of marriage for men and women. The petitioner contended that the marriage age for men is 21 years, while it is 18 years for women.

The petitioner Advocate Ashwini Upadhyay sought an increase in the age of marriage for women to 21 years to be on par with men. Upadhyay argued that the distinction in marriage age violates Articles 14, 15 and 21 of the Indian Constitution.

The bench was comprised of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

SC Quashes Uniform Marriage Age Petition

The bench, however, denied the petitions, stating that the court cannot issue a mandamus (an extraordinary writ) compelling parliament to legislate and that any change in legislation should be left to parliament.

Chief Justice DY Chandrachud said that striking down the provision would result in no age for marriage for women. He said, "if we strike down 18, there will be no age at all. Then even 5 year olds could get married".

Since the Centre introduced a bill in the Parliament to raise the age of marriage for women to 21 years, the bill is pending.

Thus, the apex court said, "The court cannot issue a mandamus for parliament to legislate."

According to the petitioner, the plea was filed on the basis that the difference in marriageable age for men and women violated the principles of gender equality, gender justice, and the dignity of women.

The petitioner argued that the distinct marriage ages for men and women was a "blatant, ongoing form of discrimination against women".

The petitioner added that the younger spouse is expected to respect and serve her elder spouse. The petitioner said that this "aggravates the pre-existing gender based hierarchy in the marital relationship".

"The younger spouse is, therefore, expected to respect and be servile to her elder partner, which aggravates the pre-existing gender-based hierarchy in the marital relationship."

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