PIL Seeking Abolition Of Differential Marriageable Age for Men And Women:Delhi HC Seeks Reply From Centre

Delhi High Court issues notice to the Union of India to file a counter affidavit in a PIL challenging the difference in age for marriage for men and women. The petition was filed by Ashwini Upadhyay to highlight how the differential marriageable age for men and women is patriarchal in nature, is devoid of any rational backing and it adversely affects educational opportunities for women.

Senior Advocate Vibha Datta Makhija, who argued for the petitioner, submitted the following before the court:

1. Marriageable age distinctions in all the statutes should be struck down
2. It is significant to bring about gender equality as enshrined under Article 15
3. This distinction deprives women from lower income groups or backward castes from opportunities of higher education
4. As held by the Supreme Court in Sabarimala judgment, self determination and choice is a significant facet of gender equality and dignity of women as enshrined under Article 15.
5. 5. statutes should be interpreted in light with changing social values regarding individual liberties

The Division Bench of Justice DN Patel and Justice Hari Shankar directed the Union of India to file a reply to the present writ petition.