Men can drive, vote and now marry at 18
In a path-breaking proposal, the Law Commission has proposed reducing the minimum age of marriage for men from 21 to 18 years.
By TNN |
NEW DELHI: In a path-breaking proposal, the Law Commission has proposed reducing the minimum age of marriage for men from 21 to 18 years. At the same time, the commission has also declared unions below the age of 16, even if it is consensual sex with girls or ‘minor wives’ under 16, as void.
“The age of marriage for both boys and girls should be 18 as there is no scientific reason why this should be different,” the Commission headed by A R Lakshmanan said in its report presented to the Union home minister on Wednesday.
The report has also pressed for compulsory registration of marriages and recommended that bar on marriage of anyone below 18. The Commission has proposed that marriages involving children between the age of 16 and 18 be made voidable (which can be annulled with mutual agreement between both the parties on attaining adulthood).
In its 44-page report, Commission has also proposed that the age for sexual consent should be raised from 15 years to 16 years for all girls, regardless of marriage. If accepted by the government, consensual sex with girls under 16 years of age could invite punishment meant for rape. The suggestion by the Commission for declaring marriages below the age of 16 as void is something which has not been recommended in the statutes.
A man’s sex with their ‘minor wives,’ aged below 16 years, could also become punishable. Under the existing laws, having sex with a ‘minor wife’ above 15 years is not rape.
The Commission in its proposal noted that child marriage stunts the growth and development, particularly of the girl child who is the more vulnerable to domestic violence and sexual abuse. It also deprives the girl child of her right to obtain education and live with freedom and dignity.
It studied the changes to the Child Marriage Restraint Act, 1929, with reference to the age of marriage and age of consent for sexual intercourse, and judgements which have upheld validity of child marriage through the years.
While studying the Prohibition of Child Marriage Act, 2006, (PCMA), the Commission found that the present law did not make a child marriage invalid even if it was below 15 years. But under the criminal law, Section 375 of IPC makes it a crime to have a sexual relation with a child under the age of 15 years.
In the light of the contradictions that exist between the Prohibition of Child Marriage Act, 2006, and Section 375 IPC, the Commission examined whether the new Act addressed all the concerns relating to child abuse, health and human rights, which are an inevitable consequence of child marriage.
Thereafter, the Commission forwarded its suggestion to the Supreme Court of India in December 2007. While hearing a writ petition, the apex court had sought the Commission’s assistance on legal issues relating to Child Marriages under the Child Marriage Restraint Act, 1929, and the different ages at which a person is defined as a child in different statutes.
“The age of marriage for both boys and girls should be 18 as there is no scientific reason why this should be different,” the Commission headed by A R Lakshmanan said in its report presented to the Union home minister on Wednesday.
The report has also pressed for compulsory registration of marriages and recommended that bar on marriage of anyone below 18. The Commission has proposed that marriages involving children between the age of 16 and 18 be made voidable (which can be annulled with mutual agreement between both the parties on attaining adulthood).
In its 44-page report, Commission has also proposed that the age for sexual consent should be raised from 15 years to 16 years for all girls, regardless of marriage. If accepted by the government, consensual sex with girls under 16 years of age could invite punishment meant for rape. The suggestion by the Commission for declaring marriages below the age of 16 as void is something which has not been recommended in the statutes.
A man’s sex with their ‘minor wives,’ aged below 16 years, could also become punishable. Under the existing laws, having sex with a ‘minor wife’ above 15 years is not rape.
The Commission in its proposal noted that child marriage stunts the growth and development, particularly of the girl child who is the more vulnerable to domestic violence and sexual abuse. It also deprives the girl child of her right to obtain education and live with freedom and dignity.
ADVERTISEMENT
It studied the changes to the Child Marriage Restraint Act, 1929, with reference to the age of marriage and age of consent for sexual intercourse, and judgements which have upheld validity of child marriage through the years.
While studying the Prohibition of Child Marriage Act, 2006, (PCMA), the Commission found that the present law did not make a child marriage invalid even if it was below 15 years. But under the criminal law, Section 375 of IPC makes it a crime to have a sexual relation with a child under the age of 15 years.
In the light of the contradictions that exist between the Prohibition of Child Marriage Act, 2006, and Section 375 IPC, the Commission examined whether the new Act addressed all the concerns relating to child abuse, health and human rights, which are an inevitable consequence of child marriage.
Thereafter, the Commission forwarded its suggestion to the Supreme Court of India in December 2007. While hearing a writ petition, the apex court had sought the Commission’s assistance on legal issues relating to Child Marriages under the Child Marriage Restraint Act, 1929, and the different ages at which a person is defined as a child in different statutes.
Download
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
The Economic Times Business News App for the Latest News in Business, Sensex, Stock Market Updates & More.
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
