Delhi High Court Issues Notice to Centre on Plea to Equalise Legal Age of Marriage for Men and Women

The Delhi High Court on Monday sought a response from the Central Government on a Public Interest Litigation (PIL) demanding equal legal age of marriage for men and women in India.

A division bench comprising Chief Justice D.N. Patel and Justice C. Hari Shankar issued a notice to the Centre, acting on a petition that challenges the existing age disparity as discriminatory and unconstitutional. The matter is scheduled for further hearing on October 30.

🔹 What the PIL Says

The PIL was filed by Ashwini Kumar Upadhyay, a BJP leader and lawyer, who argued that the current legal provision allowing women to marry at 18 years and men at 21 years is rooted in patriarchal norms, lacks scientific rationale, and violates the principles of gender equality, dignity, and justice.

“This distinction is not just arbitrary, but also perpetuates an unequal marital structure,” the petition states. “It reflects outdated stereotypes and contributes to de jure (legal) and de facto (real-world) inequality.”

🔹 The Petition’s Key Arguments

1. Violation of Gender Equality: The petitioner contends that differing legal ages of marriage for men and women go against Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), and Article 21 (Right to Life and Dignity) of the Indian Constitution.

2. Global Trends and Scientific Basis: The petition points out that the age difference lacks any scientific justification and runs contrary to global norms, where the trend is to equalise or reduce gender-based age gaps.

3. Perpetuation of Patriarchal Norms: It argues that the practice reinforces power imbalances within marriages by enabling and even expecting younger women to play submissive roles in relationships, especially when married to significantly older men.

4. Social Consequences: The plea adds that the age gap contributes to a hierarchical marital dynamic, often leading to women having reduced agency, both socially and economically.

“A younger wife is expected to be obedient and deferential to her older husband, which deepens the already existing gender hierarchy in a marriage,” the petition says.

🔹 What the Court Did

While the High Court has not made any final decision, it has taken cognizance of the concerns raised and directed the Union Government to respond. The case will now be heard in detail on October 30, where the Centre is expected to present its stance.

✅ Why This Case Matters

• Legal Reform in Focus: This PIL brings attention to outdated legal provisions that many argue are no longer aligned with contemporary constitutional values.

• Impact on Women’s Rights: If the plea is accepted, it could lead to an amendment in marriage laws, marking a major step forward in ensuring gender-neutral legislation.

• Broader Conversations: The case has reignited debates around age of consent, bodily autonomy, and the need to eliminate systemic discrimination in personal laws.

As India continues to evolve socially and legally, the outcome of this case could be a landmark moment in the fight for gender parity in matrimonial laws.