What Is Age Related New Law For Court Marriage?

The Supreme Court recently noted that it is difficult to arrive at a "straitjacket formula on marriageable age of girls to fit every case" in the wake of a significant number of girls choosing to wed before the stipulated legal age, and experts feel that the complicated issue needs to be addressed quickly.

The Supreme Court made its statement in response to a complaint from the National Commission for Women (NCW) regarding decisions by the Delhi High Court and the Andhra Pradesh High Court that permitted young women to remain married because they admitted that they had eloped voluntarily with their beaus.

The truth of our day has been established by the Supreme Court. Many young ladies voluntarily elope with their boyfriends. Nina P. Nayak, a member of the National Commission for the Protection of Child Rights, claims that many of them are obstinate and unwilling to go back to their parents' homes (NCPCR).

Statistics made available by the NCPCR show that young females are getting married in both urban and rural locations. Nina claims that it is vital to connect with and support these girls. "We must implement awareness-raising and counseling initiatives to prevent young marriage among women. They must be given the confidence to stand by themselves, she continues.

Child marriage, according to the United Nations Children's Fund, is "the marriage of a girl or boy before the age of 18 and refers to both legal marriages and informal marriage-like arrangements in which minors under the age of 18 live with a spouse.

Child marriage is common:

It is a result of ingrained gender inequality and deeply ingrained socio-cultural norms, which ultimately have a disproportionately negative effect on girls. Girls are frequently brought up with marriage as their ultimate objective in a patriarchal culture like India.

They are not expected to enter the workforce, receive an education, or are allowed to leave the household. As a result, the families view them as a financial burden until they are married, and marrying them off early is not just in keeping with custom but also more practical from an economic standpoint.

Child marriage appears to be a solution rather than a problem for many Indian tribes due to the likelihood of an adulterous pregnancy, which might jeopardise marriage prospects and make the girl a financial obligation for an extended length of time.

So, while being against the law, child marriages are widely condemned in society. This is demonstrated by the fifth phase of the National Family Health Survey, which was just released and revealed that over one-fourth of women between the ages of 20 and 24 reported getting married before turning 18.

Despite the fact that the current child marriage rule has been in effect for more than 40 years, there has been a little decline since the survey's last round in 2015–16. Even if there was a significant decline in child marriages between 2005–2006 and 2015–2016, this might not be due to the law but rather to greater educational possibilities and other causes.

Age of consent is a challenging topic:

Young girls are frequently persuaded and under pressure to get married young by their families and the larger community. It's a complicated problem. It is correct that we must defend females' rights to marry the spouse of their choice. Yet in order to completely eradicate child marriage, especially in rural regions, regulations must also be enforced.

Worries about the law:

The proposal that would make girls legally able to marry at age 21 could have a number of negative effects.

Potential abuse of the law: A study by Partners for Law in Development found that 65% of the cases brought under the current child marriage statute were brought in reaction to elopement (not necessarily involving marriage) and were brought by relatives or parents who disapproved of the match. Regardless of the couple's age or the validity of their marriage, these cases would be falsely filed in an effort to harass them.
Possibility of an increase in sex-selective behavior: By raising the legal marriage age without altering patriarchal social standards, parents may feel even more "burdened" by their daughters' greater responsibilities, which may result in more sex-selective behaviors.

If the couple lives in Delhi then Same Day Court Marriage In Delhi can be done. Likewise, court Court Marriage In Jaipur can be done if the couple lives in Jaipur. If the couple lives in Ghaziabad then Ghaziabad Court Marriage can be done.

To address the issue, Lead India provides a variety of knowledge, legal services, and free legal advice.To get the best guidance in this case, ask a legal question for free online and talk to a lawyer.