Lawstreet Journal

Plea in SC Demands Uniform Age of Marriage & Transfer of Similar Pleas from High Courts

Lawstreet Journal 25 Oct 2020 3:33am

Image courtesy: Lawstreet Journal Judiciary Plea in SC Demands Uniform Age of Marriage & Transfer of Similar Pleas from High Courts

A transfer petition filed in the Supreme Court demanding uniform marriageable age of 21 years for men and women claims that the disparity in age of marriage has resulted in aggravating the gender inequality that exists within a marital relationship.

Filed on behalf of Ashwani Kumar Upadhyay, the plea states that it has been filed in order to avoid the multiplicity of litigations and conflicting views on the interpretation of Articles 14, 15 & 21 and judgments involving gender justice & equality. He demands that his petition pending with the Delhi high court is transferred to the Supreme Court along with a similar petition filed by one Abdul Mannan, pending with the Rajasthan high court. 

Since the issues raised in the two petitions are similar, Upadhyay invoked the power of the Supreme Court under Article 139A which allows cases involving the same or substantially the same questions of law, pending before two or more high courts, to be transferred to the Supreme Court.

The transfer petition said, “While men are permitted to get married at the age of 21, women are married when they are just 18. The distinction 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 plea goes on to emphasize the provisions under various legislations which stipulate the age of marriage as being discriminatory:

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)… Continue Reading...

Tagged: Supreme Court of India  
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