Legal Age For Marriage in India

When it comes to marriage, it is one of the most vital social institutions. These laws and regulations are managed by the Indian government. As per the Prohibition of Child Marriage Act 2006, the legal age for marriage is 18 for women and 21 for men.

The reason behind such legal procedures for marriage is to safeguard an individual's well-being. In various parts of India, underage marriages occur, which is illegal. And those who are involved in child marriages can face legal consequences.

It is becoming a rising issue that pushes the government to take the initiative, set legal rules, and spread awareness. However, most people still don't know - What is the legal age of marriage in India, and its importance. Do not worry!

Here, we will dive deep into the legal age for marriage in India, its legal framework, its consequences, the role of government, and the latest arguments that help you gain the right education and spread further.

Current Legal Age Requirements For Marriage

In India, the legal age for marriage is set to ensure maturity and protect against early marriage. Let’s take a look at the current marriageable age requirements.

For Girls

In India, the minimum legal age for marriage for women is 18 years, as per the Hindu Marriage Act 1955, the Special Marriage Act 1954, and the Prohibition of Child Marriage Act 2006. These laws apply uniformly across all religions to protect women from early marriage. However, in some communities, including Muslims, traditional marriage rules based on reaching puberty rather than a specific age limit are followed, which can lead to child marriage. A proposal to increase the legal age for marriage for women from 18 to 21 years is currently under review, with a parliamentary committee granted an extension until May to study the matter and present its report. This change aims to promote gender equality, maturity before marriage, and greater opportunities for growth.

For Boys

For men, the legal age for marriage in India is 21 years, as specified by the Hindu Marriage Act 1955, the Special Marriage Act 1954, and the Prohibition of Child Marriage Act 2006. These laws ensure that men reach a level of maturity that allows them to handle financial responsibilities and face the changing dynamics of married life. The same age requirement applies across all religions under these acts, including for Hindus and Muslims, with the Special Marriage Act and the Prohibition of Child Marriage Act setting a consistent legal age of 21 years for men.

However, some other popular countries have different age requirements as per their laws. Let's go to the detailed comparison:

What are the Consequences of Underage Marriage?

Child marriage in India can lead to several serious consequences that can impact individuals, families, and society. Here are some key consequences you must consider:

Legal Consequences

As per the Prohibition of Child Marriage Act (PCMA) 2006, if this law is violated, then there are various legal consequences and punishments involved, such as imprisonment for up to two years and a heavy fine of one lakh or more for child marriage. These penalties are for anyone who is involved in child marriages, including parents and guardians.

Social and Economic Implications

Most child marriages happen when girls are at an early age of development, like school dropout, and that leads to missing crucial education opportunities for their mental growth. This disruption affects their future career growth, limits their opportunities, and vanishes their potential contribution to their family and nation. Also, child marriage leads to gender inequality and limits the girl's autonomy and participation in decision-making.

Health Risks and Impact on Education

Because of early marriages, various health complications arise during pregnancy and childbirth. The aspect of anemia and malnutrition should be considered that lead to major complications and worse health conditions. Due to early marriage, they lack the necessary education, which keeps them in the chain of poverty and fails to gaining economic independence.

Legal Framework Governing Marriage Age

The Child Marriage Restraint Act of 1929:

The Child Marriage Restraint Act of 1929 is also known as the Sarda Act. It is one of the first laws that was taken against child marriages nationwide. Except in some states, including Hyderabad, and Jammu and Kashmir. Initially, this act set the legal age of marriage in India 18 years for male and 14 years for females. After independence in 1949, the age limit was raised to 18 for females and 21 for males.

This act also includes some punishments and penalties that are involved in child marriages. Such as 15 days of imprisonment and a fine of ₹1,000 for males. Those who are between 18–21 years and marry with a child. If a male is 21 years or older, then it leads to 3 months of imprisonment and a fine.

The Prohibition of Child Marriage Act, 2006:

When various acts were against child marriage, a new law was raised, i.e., the Prohibition of Child Marriage Act in 2006, it came into effect on November 1, 2007.

As per this act, it's not just to restrain but prevent child marriages. This act retained that the legal marriage age in India for boys is 21 years and 18 for women, with stronger protection and punishments. According to the PCMA, if minors are forced to marry earlier, they should avoid at least reaching adulthood.

Also, if any child marriages appear, then they have to return all their valuable money and gifts and also provide her a residence until the girl becomes an adult. Violating marriage law can lead to two years of imprisonment or fines.

Prohibition of Child Marriage (Amendment) Bill, 2021:

The Indian government introduced the Prohibition of Child Marriage (Amendment) Bill in December 2021. Which aims to raise the age of marriage for women to 21 years, equal to men. This bill helps to eliminate child marriage and provides equal rights. This bill was started by Women and Child Development Minister Smriti Irani to oversee the current laws for marriages.

Addressing Legal Confusion:

In India, there's a big confusion that after marriage, if a husband forces his wife to have sex, then it's not considered a crime in India. However, the Supreme Court declared in 2017 that sexual intercourse will all wives below 18 years considered as a rape.

As per the Protection of Children from sexual offences 2012, it is an illegal and serious crime.

Applicability and Enforcement

Even though there are laws against child marriage, it's really challenging for the government to enforce these laws because each religion has its laws.

However, many high courts in India, including Delhi, Gujarat, Madras, and Karnataka, have decided to give priority to the Prohibition of Child Marriage Act (PCMA) more than their laws to stand against child marriages in India.

For instance, the Delhi High Court stated that PCMA applies to all Indian citizens regardless of their laws.

So, child marriage, where individuals under 18 marry, is considered a serious crime with pre-set punishments and penalties.

International Commitments

India is making efforts that align with international commitments. Such as the Convention on the Elimination of All Forms of Discrimination Against Women, which was signed in 1980.

The CEDAW eliminates the child marriage needs and ensures a minimum legal age set in India.

India is continuously focusing on spreading awareness. And setting up laws and regulations against child marriages to protect their rights.

Role of Government and NGOs in Preventing Underage Marriage in India

The Indian Government has taken several steps against child marriages and spread awareness of the potential danger of early marriages.

Various government initiatives and schemes have been launched to support women and spread awareness. One of their popular campaigns is the 'Beti Bachao, Beti Padhao' campaign, which encourages saving the daughter's future by educating them and focusing on self-independence.

On the other hand, the government launched ‘The Child Marriage Restraint Act in 1929 and the ‘PCMA’ enforcement scheme in 2006, which set the legal age for marriage in India for men at 21 years and women at 18 years to prevent child marriage and allow individuals to be adult.

Some of the common actions governments and NGOs take against child marriage:

• They support community programs.
• Providing young women with economic opportunities
• Framing serious laws against child marriage
• Making education easier for girls
• Maximizing foreign assistance
• Evaluating programs to identify what works

Latest Updates and News on Underage Marriage

Proposed Amendment to Raise Marriage Age

The government of India shared a proposal in 2021. Which is to raise the marriage age for women from 18 to 21 years. This proposal comes with the intention of promoting gender equality. And providing equal opportunities for women to be educated and focus on personal development. However, this proposal is under parliament for review.

Turning Child Marriage from 'Voidable' to ‘Illegal’

Another proposal against child marriage is to make underage marriage an illegal action that has certain punishments and penalties. Currently, child marriage is voidable. It means spreading awareness to avoid child marriage as much as possible, but it is not illegal everywhere. The government needs to establish this as an illegal action to protect child marriages.

Debates on Personal Law and Female Autonomy

There's an ongoing debate and potential conflict about personal law and female autonomy. This highlights the tensions between communities where marriage norms are different from the proposed standard laws.

Conclusion:

Child marriage is one of the biggest social menaces, and the government is making continuous efforts by proposing various laws and arguments. However, it's still challenging to make that change in society because of their rules and beliefs. So, spreading awareness about child marriage issues, legal actions against child marriages, and the importance of women's empowerment is essential for better outcomes for younger generations. From authorities to organizations, individuals to families, everyone has to be aware of child marriage. And they should take action against it. Which makes positive change for the bright future of the children. We hope this guide will help you know everything about the legal age for marriage in India, the right age for marriage, and laws against child marriages in India. Now, it is your turn to take action against child marriage and help to establish these arguments into laws for a better future.

Frequently Asked Questions

Q. Can parents legally consent to the marriage of minors in India?

No, as per the Supreme Court, parental consent is not required for court or love marriages of minors in India. However, child marriage is a criminal offense that leads to imprisonment and penalties for involved families.

Q. What is the legal age difference allowed for marriage in India?

The minimum legal age for marriage in India is 21 years for men and 18 years for women. However, the government is planning to increase the legal age for women from 18 to 21 years for gender equality and opportunities.

Q. How does the legal age for marriage impact inheritance rights?

The legal age doesn't affect inheritance rights. But child marriage can make it complicated to inherit claims. Marrying at a legal age ensures smooth processes without any issues.

Q. How does the legal age for marriage affect eligibility for government schemes?

Most of the government marriage schemes and benefits require legal age eligibility to claim. Early marriage can lead to several issues, including punishment and penalties rather than government scheme benefits.

Q. Can a marriage be annulled if one party was underage at the time of marriage?

Yes, a marriage can be annulled if one of the parties was underage at the time of marriage and broke the court's consent, which leads to punishment, life imprisonment, and penalties.

Q. How do underage marriages impact citizenship and immigration status?

Underage marriages can legally impact the citizenship and immigration processes because underage marriage is not legal in India or other countries as well. So, during the documentation, these issues can arise.

Q. Can legal actions be taken against parents forcing their children into underage marriages?

Yes, legal action can be taken in India against parents if they're forcing early marriage. It's recommended to consult with a legal professional to make the process of filing a suit easier.

About The Author:

Adv. Sushant Kale is a skilled legal professional with four years of experience, practicing across civil, criminal, family, consumer, banking, and cheque bouncing matters. Representing clients at both the High Court and District Court, he leads SK Law Legal firm in Nagpur, delivering comprehensive legal solutions. Known for his dedication to justice and client-focused approach, Advocate Kale is committed to providing effective counsel and advocacy across diverse legal domains.