The Central Government has pushed for the increase of the minimum marriage age from 18 to 21 in the parliament after a special committee has suggested that there is a correlation of age of marriage and motherhood with health, medical well being, nutritional status of a mother and child. If you notice, the complaints of Rape, Kidnapping and Child Marriage have already been prevalent with the minimum age as 18. The reason why this happens is a societal challenge that is beyond the control of the law during pregnancy. This step is definitely in the right direction and it also promotes the empowerment of young girls. When they will receive better education in these years, they start earning and their perspective might change towards marriage. They will want to secure their job or career first. 

The rationale behind this step is specifically to shift the average early marriage age. Early marriage can cause health complications in a woman. The average early marriage age is 18 in ST and SC’s while 19 in the general category. But, this problem can only be addressed by simultaneous steps in public education and healthcare of women and children. Only then, we can achieve our vision of healthy girls, getting the education, completing it, getting a job, contributing in the labour force, taking decisions for her own self after she can secure a job or a career at the age of 21 at least. 

Along with appreciation, this step has also attracted many criticisms from a few experts. Let’s look at some plausible adversities that can show up and are already a matter of concern-

Rise in complaints of Kidnapping 

It is very common in rural areas than in urban areas that when a girl marries someone of her age even if she is 2 months away from crossing 18 years of age, the families file cases of kidnapping on the boy she chose to be with. Most of the time it turns out that the family just did not like the boy- so they impose such sections of kidnapping, even if the girl’s choice and consent were present. Many times when the two adult couples choose to live together with consent, the family calls it to be a kidnapping case fearing what society will say about them. We need to accept the new social fabric, which legally upholds our individual liberty and fundamental rights.

Rise in complaints of Rape

The same reason goes here as well- when the family is not supporting a marriage even if it is early, like below 20, they tend to try their best to reverse the action of their girl by charging such cases. And as we know, in such sections, the guys are directly arrested- so that works in favour of the family.

Increase in cases of child marriage

PCMA Act is widely used by parents of girls to prevent self-arranged marriages. Young people who decide to marry a partner of their choice can find their parents file cases under this act. Child marriages are still prevalent in rural India. There has been a sharp decline to 23% according to the latest National Family Health Survey.  

Many teen girls these days indulge in sexual intimacy and sex with their consent. maybe you can blame the quick modernisation but that is not the concern. When a girl below 18 year i.e minor has sex with a major then it is considered as rape in our laws. Nobody asks the major male about his side but he is always on the accused’s part. This disincentivizes the girl to not have sex below 18. She might think, it is better to have it now than wait for marriage which is permissible after 21 only.

Step in the right direction

If you notice, the complaints of Rape, Kidnapping and Child Marriage have already been prevalent with the minimum age as 18. The reason why this happens is a societal challenge that is beyond the control of the law. The family of the girl may not like the boy- maybe the boy is not suitable, maybe the boy is suitable but they do not like them, maybe the girl is too immature to handle marriage, etc- there can be hundreds of possibilities. But the end result of these cases are rampant complaints of rape, kidnapping, assault, etc. This is likely to increase if the age is increased. Although, there needs to be the acknowledgment of the fact that the Supreme Court upholds the rights of individuals who want to live together. 

Supreme Court in 2018 stated that an adult couple can live together without marriage. And, very recently a couple (both adults but the man is under the marriageable age of 21 years) approached the Punjab and Haryana High Court for protection, alleging threats from their families over their live-in relationship. The High Court stated that the fact that the man is not under the marriageable age will not and should not deprive him of his fundamental rights as envisaged in the Constitution. 

The Way Ahead 

Another thing to be noted is that the average age of girls hitting puberty is 11. Early age pregnancy, early age sex, although not legal, but is prevalent in India. The point of nutritional health, etc which is being addressed from this change in age is of no use for the portion of girls who do not wait for marriage to have sexual intercourse. Again, this might be more prevalent in the urban population. Hence, we see different consequences for different sections of the population. We need to first address the issue of complaints only by spreading awareness. Shifting the age to 21 may rather amplify the issue rather than fixing it. Hence, prudence in coming up with these laws is crucial.

Though, I don’t say that this is bad but I am very sure that this won’t be good for a cultured India. Especially, when Punjab and Haryana High Court say that an adult man under the legally marriageable age of 21 years  can live like a couple outside wedlock with a consenting woman of 18 years or above. This is what I believe is not good for the society and it forced me think ‘WHERE ARE WE HEADING…….’. 

(Advocate Vedika Chaubey can be reached at vedikachaubey@gmail.com)