Recently, the Allahabad High Court annulled the marriage of a couple where the man was 12 and the woman was 9, citing violations under the Prohibition of Child Marriage Act (PCMA), 2006. 

Differentiation in the Minimum Age of Marriage

• PCMA vs. Majority Act: According to the PCMA, a ‘child’ is defined as a girl under 18 and a boy under 21, whereas the Majority Act, 1875, considers anyone over the age of 18 to be an adult, without distinction between men and women. 
  • A literal reading of the provisions of the PCMA suggests that both male and female parties can seek annulment before they attain 20 years of age.
• Gender-Based Age Limits: The issue arises whether the male party can annul the marriage at 23 years or 20 years due to the gender-based difference in the minimum age of marriage.

Enroll now for UPSC Online Classes

Judicial Interpretations

• T. Sivakumar v. The Inspector of Police: The Madras High Court held that a literal interpretation of the PCMA would disadvantage males married at 20, who would not be able to annul their marriage despite marrying below the legal age. 
  • The court, therefore, interpreted the age limit for annulment for males to be 23.
• Sanjay Chaudhary Case (2024): The Allahabad High Court countered this by reasoning that a male entering into marriage after attaining the age of 18 cannot claim ignorance of the law or incapacity. 
  • Under the PCMA, a male above 18 is criminalized for marrying a female child. The court argued that a male over 18 cannot claim to have been unaware of the legal implications of such a marriage.
• Patriarchal Norms in Marriage: The Allahabad High Court noted that the difference in the minimum age of marriage stems from patriarchal notions. 
  • These ideas traditionally expect men to be older and financially responsible in a marriage, while women are seen as secondary partners and child-bearers.
• Gender Equality and Uniform Annulment Age: The Allahabad High Court opined that having the same age limit, i.e., within 20 years of age, to file a nullity petition is more aligned with the principle of gender equality. 
  • This interpretation helps to eliminate the gender-based distinctions in the law, ensuring fairness for both male and female parties involved in child marriages.
• Precedent: The Allahabad High Court followed the Supreme Court’s 2017 Independent Thought case, which allowed men to annul marriages until the age of 23.
• Annulment of Marriage: Based on this precedent, the High Court annulled the child marriage. The wife has appealed the decision to the Supreme Court.
• Independent Thought Case: The Independent Thought case focused on the constitutionality of marital rape exceptions for wives under 18, not annulment under the PCMA.
  • The  Supreme Court noted that males could annul marriages before 23, but this was not fully examined in the context of the PCMA.
• Gender Disparity: The interpretation gives men more time to annul marriages, creating a disparity where women remain unprotected. This gendered imbalance weakens the primary goal of the PCMA, which is to protect and empower women in child marriages.
• Re-evaluating Legal Age: The age difference in annulment rights reflects patriarchal views, requiring a re-examination of the legal age for marriage. 
  • The upcoming Supreme Court decision is pivotal in ensuring gender equality in the annulment process and the protection of both parties in a marriage.

Impact of Raising Marriage Age

• Intended Purpose: The Prohibition of Child Marriage (Amendment) Bill, 2021 suggested raising the legal marriage age to 21 to delay pregnancy and promote women’s education and health.
• Negative Impact: Raising the marriage age to 21 may infringe upon the rights of individuals aged 18-21, depriving them of their autonomy and dignity.
• Reducing Autonomy: Indian laws grant civil rights like voting, property ownership, and contracts at 18. Delaying marriage would blur the line between adulthood and childhood, reducing autonomy for adults aged 18-21.
• Deprivation of Rights: This change would interfere with personal rights such as life, liberty, privacy, and decisional autonomy.
• Findings from 2024 Study: A study based on 174 PCMA judgments found that nearly 49.4% of child marriages were self-initiated by the individuals involved, not forced or arranged by families. 
  • Families filed complaints in 80% of these cases, while arranged or forced marriages saw only 30.9% family involvement in reporting.
• Increased Parental Control: Raising the marriage age may limit women’s agency in choosing their partners, increasing parental control over their decisions.
• Social and Legal Consequences: Women may fear criminal consequences, leading to fewer reports of child marriages, increased arrests, family breakdowns, and higher socio-economic and health costs.

Check Out UPSC NCERT Textbooks From PW Store

Conclusion

Gender equality and improved maternal health can be better achieved by enhancing access to education, social security, healthcare, and comprehensive sexuality education, rather than restricting marriage rights.

Ready to boost your UPSC 2025 preparation? Join PW’s UPSC online courses today!

DOWNLOAD PDF