A notice has been issued by the Delhi High Court to the Centre and Law Commission of India on a plea that seeks uniform marriage age for men and women.
A division bench comprising of Chief Justice D.N. Patel and C. Hari Shankar issued the notice.
The plea, which was filed by Bharatiya Janata Party leader Ashwini Upadhyay and advocate calls the distinction in the marriage age unscientific and patriarchal stereotype.
The petition by Upadhyay is filed under Article 226, which challenges a blatant, ongoing form of discrimination against women.
As per the Petition, there is a discriminatory minimum age limit for marriage for men and women in India as men in India are permitted to get married at the age of 21, while for women it is 18.
As per the plea this 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.
As per the PIL this differential bar infringes fundamental principles of gender equality, gender justice and dignity of women and breaches Articles 14, 15 and 21 of the Constitution.
The petitioner claims that in more than 125 countries in the world, uniform age of marriage is prevalent for men and women.
The National Human Rights Commission, pursuant to the National Conference on Child Marriage held in New Delhi in August 2018, recommended that India follow suit.