Cabinet Clears Proposal to Increase Age Of Marriage for Women To 21 Years

The move will now require a law to be tabled in Parliament to amend personal laws governing age of marriage such as the Prohibition of Child Marriage Act, 2006, Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955. Currently, for Hindus Sikhs, Jains and Buddhists, the Hindu Marriage Act sets 18 years as the minimum age of the bride and 21 years for the groom; in Islam, the personal laws lay down that the marriage of a minor who has attained puberty is considered to be of marriageable age. The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men, respectively.

In 2020, a Task Force headed by Jaya Jaitly to examine the issue of lowering Maternal Mortality Rates and improvement of nutritional levels had recommended that the age of marriage for women be brought at part with men.

Earlier this year, the Supreme Court had admitted a plea seeking uniform age of marriage for women and men. It had also admitted a plea challenging different ages under Section 5(iii) of the Hindu Marriage Act, 1955, Section 4(c) of the Special Marriage act, 1954, Section 2(a) of the Prohibition of Child Marriage Act, 2006, Section 60(1) of the Indian Christian Marriage Act, 1872, and Section 3(1)(c) of the Parsi Marriage and Divorce Act, 1936, which prescribe eighteen years and twenty-one years as the eligible age for marriage for the bride and groom respectively. The petition had submitted that difference in age of marriage perpetuates gender inequality and stereotypes, and also violates various Constitutional rights embedded under Articles 14, 15, and 21.