Child Marriage and Legal Interpretations in India
The issue is understood with the help of Sanjay Chaudhary v. Guddan (2024) case, and its implications under the Prohibition of Child Marriage Act (PCMA), 2006.
Case Study: Sanjay Chaudhary v. Guddan (2024)
- The Allahabad High Court annulled a marriage where the couple were children at the time of marriage
- The man initially filed for divorce at 20 years and later sought annulment under Section 3 of the PCMA.
- The PCMA defines 'child' as a girl below 18 years and a boy below 21 years.
- The Majority Act, 1875, sets the age of majority at 18 years for both genders.
Legal Interpretations and Challenges
- The dilemma arises on whether a male can annul a marriage at 23 years or 20 due to gender differences in the legal age.
- The Madras High Court in 2011 interpreted the annulment age for males as 23, while the Allahabad High Court argued for 20 years for gender equality.
- The Supreme Court's observation in Independent Thought v. Union of India (2017) permits annulment petitions until 23 years for males, complicating the issue.
Implications of Legal Age in Marriage
There is a need for uniform marriage age laws to address gender inequality and protect women's rights.
- The 2021 Prohibition of Child Marriage (Amendment) Bill proposed raising the marriage age to 21, but it lapsed.
- It is however recommended that 18 should remain the age for all civil rights to avoid infringing on individuals' autonomy and rights.
Study Findings and Recommendations
- A 2024 study found 49.4% of child marriages were self-initiated, with the majority of complaints from girls' families.
- The report suggests maintaining 18 as the uniform marriage age to empower women's choices and secure their rights.
- Advocates recommend enhancing educational access, health services, and social security for better gender equality and maternal health outcomes.