Many people view marriage as a major turning point in their lives, the start of a new chapter full of obligations and aspirations. In India, marriage is both a legal and a social contract. To make sure that people engage into this contract at the appropriate time in their lives, it is essential to understand the legal age of marriage in India.
The Legal Age of Marriage in India
In India, there are differences in the legal marriage age for males and women. The Prohibition of Child Marriage Act of 2006 states that the lawful marriage age is 21 for boys & age range for girls: 18
This implies that in order for a man and a woman to lawfully get married in India, the guy must be at least 21 years old and the woman must be at least 18.
Importance of Legal Age
The purpose of the legal marriage age is to prevent people from getting married too young. Early marriages can result in a number of issues, such as:
- Health hazards: Pregnancy and childbirth pose health hazards for young brides. Complications could arise because their bodies are not physically developed enough to withstand the demands of pregnancy.
- Educational Opportunities: Young females who get married young frequently stop attending school. This restricts their options for further study and employment in the future.
- Impact on Emotions and Psychology: Getting married early might cause emotional and psychological problems. Young people might not be prepared for the obligations and difficulties that accompany marriage.
- Gender Inequality: Another step in advancing gender equality is establishing a legal marriage age. By giving them the freedom to decide when to get married and to prioritize their education and professions, it empowers women.
Indian Laws Regarding Marriage
The 2006 Prohibition of Child Marriage Act
The purpose of this statute was to forbid marriages between people who are not of legal age. According to this definition, a “child” is any individual who is younger than 21 years old for men and younger than 18 years old for women.
Key Features of the Act:
- Prohibiting Child Marriage: Child marriage is expressly forbidden by the act and is therefore illegal.
- Penalties: A fine and/or up to two years in jail are possible for anyone who encourages or facilitates a juvenile marriage.
- Validity of Child weddings: The statute declares that child weddings are not void even though it forbids them. However, either party may request that they be revoked.
1954’s Special Marriage Act
Key Features of the Act:
- Notice of Intended Marriage: Couples are required to notify the registrar, and the notice is posted for 30 days.
- Age Requirement: Men and women must be at least 21 and 18 years old, respectively, in accordance with the Prohibition of Child Marriage Act’s age requirements.
The 1955 Hindu Marriage Act
Hindu marriages are governed by the Hindu Marriage Act, which also specifies the marriage age. In accordance with the Prohibition of Child Marriage Act, the minimum age for marriage is 18 for women and 21 for men.
Shariat (Muslim Personal Law) Application Act, 1937
In India, Muslim weddings are governed by this act. Although the age of marriage is not specifically stated in Muslim law, maturity is taken into consideration.
Key Features:
- Maturity: Muslim law permits marriage when both parties reach maturity, which can vary culturally.
- However, societal practices often align with the legal age of marriage set by the Prohibition of Child Marriage Act.
Reasons for Setting the Legal Age
- Advancement of Women’s Rights: The government hopes to empower women and grant them the autonomy to make life decisions by establishing a legal marriage age. This covers health, employment, and education.
- Reducing Child weddings: In many regions of India, particularly in rural areas, child weddings are common. Establishing a legal age raises awareness of the problems associated with early marriage and aids in the fight against this practice.
- Promoting Education: Giving young people the opportunity to finish their education before getting married helps them find better employment and become financially independent, especially for women.
- Protecting Health: Postponing marriage enables improved family planning and lowers the health risks connected to early pregnancies.
Benefits of Marrying at the Legal Age
- Emotional Readiness: People who marry at the legal age are able to develop emotionally and psychologically, which better equips them for the duties of matrimony.
- Educational Goals: Delaying marriage allows people to finish their schooling and follow their professional aspirations, which will result in a more secure financial future.
- Improved Health Outcomes: Women who marry at the legal age can have children when their bodies are ready, which lowers the risks of getting pregnant too young.
- Legal Protection: Getting married when one is of legal age gives people rights and safeguards that guarantee them equitable treatment under the law.
Challenges and Considerations
- Social Pressure: There may still be social pressure to get married young in some societies. Despite having legal protections, people may nonetheless be expected by society to be married before they are of legal age.
- Awareness and Education: To inform individuals about the legal marriage age and the significance of getting married at a mature age, awareness campaigns are required. It’s possible that many people are unaware of their rights and the laws.
- Law Implementation: Although there are laws prohibiting child marriage, they can be difficult to implement, particularly in rural areas where customs may still be practiced.
- Gender Inequalities: In some areas, boys could still experience less pressure than girls to get married young. It is crucial to make sure that the law treats men and women equally.
Conclusion on Legal Age of Marriage in India
One of the most important facets of India’s legal and social structure is the legal marriage age. It is intended to shield people from the dangers of young marriages, especially women. Society can strive toward a time when everyone has the freedom to decide when to be married by raising awareness of the laws and urging people to marry when they are of legal age.
In the end, getting married when one is of legal age helps society as a whole in addition to helping individuals. It improves the environment for coming generations by promoting gender equality, health, and education. We can create a more knowledgeable and just society by being aware of and respectful of the legal marriage age.
For legal aspects or if you have any FAQ‘s, you may consult with our KcorpTax experts!!
ALSO READ IMPORTANT ARTICLES