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Synopsis

The Delhi High Court on Tuesday transferred the plea seeking uniform age of marriage for both men & women to the Supreme Court. The plea states that the discriminatory provisions should be read down to equalise the minimum age of marriage for both men and women at 21 years in light of the global trends that point in this direction.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad transferred the matter after the bench has been informed that the Apex Court has allowed the application seeking transfer of petition pending in relation to the issue before the High Court.

The plea filed by Advocate Ashwini Upadhyay stated that while men are permitted to marry at the age of 21 years, women are permitted to marry at 18. He stated, it is based on certain stereotypes and completely nullifies what has been envisaged in the International Human Rights obligations.

The plea also stated that India ratified the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") in 1993 in and in terms of the same and India is obligated to "take all appropriate measures… [t]o modify social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of inferiority or the superiority of either of the sexes or on stereotyped roles for men and women."

Furthermore, the petition highlighted the provisions under various legislations which stipulate the age of marriage as being discriminatory as follows:

Section 60(1) of the Indian Christian Marriage Act, 1872;
Section 3(1)(c) of the Parsi Marriage and Divorce Act, 1936;
Section 4(c) of the Special Marriage Act, 1954;
Section 5(iii) of the Hindu Marriage Act, 1955;
Section 2(a) of the Prohibition of Child Marriage Act, 2006.

"This difference in stipulated age of marriage for men and women is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against the global trends," the petitioner stated.

Case Title: Ashwini Kumar Upadhyay vs. Union of India