Boy or girl, what is the age of marriage…? Now the Supreme Court will decide

New Delhi: The Supreme Court’s order came while considering a petition seeking to make the minimum age of marriage one. He has requested to transfer the case pending in the Delhi High Court to the Supreme Court. Meanwhile, it was announced during the hearing that the case pending in the Rajasthan High Court was dismissed. BJP leader Ashwini Upadhyay has filed a petition in the Supreme Court seeking transfer of all cases pending in various High Courts related to raising the age of marriage to 21 to the Supreme Court. During the hearing of the petition, the Supreme Court had sent a notice to the central government asking it to reply.

There has also been a demand to raise the minimum age of marriage to 21 for all, regardless of whether they are boys or girls. In this, the minimum age of marriage is said to be uniform and gender neutral. That is, the minimum marriageable age for all citizens of the country should be 21 years. Ashwini Upadhyay said in the transfer petition filed in the Supreme Court that the marriage age of children and girls should be made 21. According to the petition submitted to the Supreme Court, the matter in this regard is pending before the Rajasthan High Court and the Delhi High Court. If the case is pending in different courts and differing opinions are expressed, it is better to transfer the case to the Supreme Court.

The matter is pending in several courts
Petitioner Upadhyay’s lawyer Geeta Luthra told the Supreme Court during the hearing that a case is pending in the Delhi High Court and the Rajasthan High Court. Last year, BJP leader Ashwini Upadhyay had filed an application in the Delhi High Court seeking equalization of marriage age. The High Court had issued notices to the Center and the Law Commission on Upadhyay’s application. On August 19, 2019, the High Court had sent a notice on the application of BJP leader Ashnini Upadhyay. Meanwhile, another petition was filed in the Rajasthan High Court on February 5, 2020.

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The Rajasthan High Court had issued a notice to the central government and other respondents to respond to the petition filed in this case. Following this, Ashwini Upadhyay has now filed a transfer petition in the Supreme Court, and since the matter is in different High Courts, there may be different opinions. In this case the case should be transferred to the Supreme Court. Then Manish Singhvi, counsel for the Rajasthan government, told the court that the case pending in the Rajasthan High Court had been disposed of and the case had been dismissed. Then we order the transfer of the case pending in the Delhi High Court to the Supreme Court,” the bench headed by the Chief Justice said.

How old is marriage now?
Currently the minimum marriageable age for girls is 18 years and for boys is 21 years. The petitioner said that the Law Commission report said that there is no scientific basis for the age difference between girl and boy. Difference in minimum age of marriage leads to violation of fundamental rights. What is happening here is the violation of the constitutional right to live with equality and freedom. As for the world trend, 125 countries have the same age of marriage for boys and girls.

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The petitioner had said that the minimum age of marriage for girls has been fixed at 18 years and girls will reach the age of 18 when they complete their schooling and then they will get married. Children are also expected to be with, because of this kind of tradition, their education and writing is adversely affected.

In this way women’s rights are being denied due to social pressure of marriage and children. Raising the minimum age of marriage for women would give them autonomy. According to the World Health Organization, women under the age of 20 are having a negative impact on their health. The minimum age of marriage for men has been fixed at 21 so that they can get higher education and in such a case women should have this right and the sword of marriage should not hang on them.

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