On Monday, the Supreme Court threw out a new plea requesting for equal marriage age for both genders, saying that it will amount to directing Parliament to make a law to fix the age.
The case was presented to a panel consisting of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, who said the matter fell under the domain of the legislature and it will not be dealing with the issue.
The Supreme Court mentioned its previous ruling on February 20th in which it rejected a different petition submitted by lawyer Ashwini Upadhyay that aimed to achieve parity in the lawful age of marriage for males and females.
The Solicitor General stated that if the clauses that establish the minimum age for marriage are invalidated, there would be no legal age requirement for marriage in the nation. The SG’s comments were in response to a petition submitted by lawyer Ashwini Kumar Upadhyay, who claimed that the differing ages of marriage for men and women were founded on patriarchal beliefs, lacked scientific justification, and resulted in both legal and practical discrimination against women, contrary to worldwide practices.
The bench rejected the petition, reasoning that the subject had already been addressed in the case of Ashwini Kumar Upadhyay And Anr. v. UoI And Ors.
At present, men are allowed to get married when they turn 21 years old, while women are allowed to get married when they reach the age of 18.
The plea, filed by Shahida Quraishi requesting that the legal age for women to get married be raised to 21, which is currently the age allowed for men to marry.
Written by RISHAV RAJ BBA LL.B 4TH SEMSTER ( RNB GLOBAL UNIVERSITY )
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