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Thread: What should be the age of marriage?

  1. #1

    What should be the age of marriage?

    Uniform Marriage Age for girls and boys, suggests Law Commission
    New Delhi, Thu, 07 Feb 2008NI Wire

    The Law Commission has come with a proposal that fix uniform age of marriage for girls and boys at 18 with a dose of suggestion to the Indian government to bring suitable changes in the law to prohibit the marriage of children below the age of 18 while making marriage under 16 invalid. At present the marriageable age for girls is 18 while for boys is 21.
    “The age of marriage for both boys and girls should be 18 as there is no scientific reason why this should be different,” the proposal said.

    The proposal submitted by the Justice A R Lakshmanan to the Union Law Minister H R Bharadwaj on Wednesday said that the child marriage of girls and boys between 16 and 18 should be negated at the option of either party by a court order. The proposal was part of the Commission’s 205th report on The Prohibition of Child Marriage Act, 2006 (PCMA) and other allied laws.

    The other recommendation includes compulsory registration of marriages also that the age for sexual consent should be raised from 15 years to 16 years for all girls, irrespective of their marital status.

    If government gives its nod to the proposed law, consensual sex with girls under 16 years of age could invite punishment meant for rape. Also a husband sex with his minor wife aged below 16 years will be punishable offence, which under the existing law does not punishes a man for having sex with his wife above 15 years.

    The commission found that the law under Prohibition of Child Marriage Act, 2006 (PCMA), did not make a child marriage invalid even if it was below the age of 15 years.

    If the above law will be accepted in present format a child marriage involving a bride or groom below the age of 16 will be illegal.

    The proposal also considered the difficulties that might orient for girls if marriage turned out to be void, the commission has recommended that the girls will be entitled to maintenance under PCMA act till their remarriage.

    This law if passed will help tying the loose knots like the provision to declare a child marriage void and the sexual consent age but it will also increase the divorce and remarriage.,

    well instead of talking about my legal opinion i ask about social opinion becoz, Law is something crystal clear about that, and please , this article is from Legal experts so anyone wanna to shout on that then to them only, i just like to reply your opinion because i think they are right by that proposal ,and wrong on some points,

    News track India.com

  2. #2
    Minimum age should be 21 years for both girls & boys!!!!!!!
    "Whenever u r criticised, Don't get upset. Always remember this "No Stones r thrown on a fruitless tree"

  3. #3
    It should be 18 for both sex. Proposal of law commission is perfect and it respsects the fundamental right granted under the constitution.
    Yoginder Gulia

  4. #4
    Minimum age should be 18 years for both girls & boys.
    JAT = JUSTICE + ACTION + TRUTH

  5. #5
    Agree with 21 as the minimum age. Also with the kind of population growth India has, anything lower than 21 is going to only fuel it further.

    Quote Originally Posted by hemanthooda View Post
    Minimum age should be 21 years for both girls & boys!!!!!!!

  6. #6
    Arun may be you can start a poll on this!!!
    "Whenever u r criticised, Don't get upset. Always remember this "No Stones r thrown on a fruitless tree"

  7. #7
    hemant g if i put my opinion along with legal point of views then it will invite debate not poll, and i said earlier, if i got critics then i love to answer, but not worthless comment

  8. #8
    First of all i would like to know whether the law relating to marriage in resecpt of age, custom etc is universal Pan India or not? Obivisiouly no? then what is the use of such recomendation, it does not matter whether it be 18 for both sex or 21.

    In different part of our country have different law relating to marriages age and accommodate by the HMA. have a look for my above contention for eg

    Marriages in the State of Goa are governed by the family laws of Goa,Daman & Diu. Under the family law in Goa there is a chapter dealing with Civil Marriage and its Solemnization.70 Article 3 provides that all Portuguese shall solemnize the marriage before the respective officer of civil registration under the conditions and in the manner established in Civil Law, and only such a marriage is valid. Article 4 (3) provides that males below the age of 18 years and females below the age of 16 years shall not
    contract.

    Pondicherry are governed by the French Civil Code, Chapter I, Article 144 of the French Civil Code provides that a man cannot contract a marriage before he has completed 18 years and a woman till she has completed 15 years of age.

    Muslim marriage law have different marriageable age.

    So first of all need Universal Marriage Act, therein should have not relexation for any community customs etc, or either it should be left on the communities about rules regarding marriages, and communities may notify there law according to their custum & usage.

    these recommandation are pertaining to carve the problem of Child Marriages coupled with other issues

    if you will see all law commissions report then most of them on related to marriages law but less implemented.
    Last edited by sanjaymalik; July 28th, 2010 at 07:46 PM.

  9. #9
    Quote Originally Posted by Arun4law View Post
    hemant g if i put my opinion along with legal point of views then it will invite debate not poll, and i said earlier, if i got critics then i love to answer, but not worthless comment
    Arun Bhai i suggested poll on the same issue to have a data where we at Jatland stand on this.It is your take, you decide!!!! I am restraining myself to comment further on second part of ur post!!!
    Last edited by hemanthooda; July 28th, 2010 at 07:34 PM.
    "Whenever u r criticised, Don't get upset. Always remember this "No Stones r thrown on a fruitless tree"

  10. #10
    Quote Originally Posted by vijay123 View Post
    Agree with 21 as the minimum age. Also with the kind of population growth India has, anything lower than 21 is going to only fuel it further.
    Vijay Bhai,Apart from Population control , it helps the couple in their married life as they are more mature, probability of financial independence is more , they can complete their education.Generally girls married at lower age quits education!!!

    Thus it is a win win situation for both girl & boy!!!!
    "Whenever u r criticised, Don't get upset. Always remember this "No Stones r thrown on a fruitless tree"

  11. #11
    Quote Originally Posted by hemanthooda View Post
    Vijay Bhai,Apart from Population control , it helps the couple in their married life as they are more mature, probability of financial independence is more , they can complete their education.Generally girls married at lower age quits education!!!

    Thus it is a win win situation for both girl & boy!!!!
    i am also of the opinion either it should be same or if need to change then may be 21y for both spouse. Due to physical, fertility conditions, psychology, social reasons.

    How many girls those have attain the age of 18y are independent and can think better of themselves, may be only few.In fact they are leaving under suprevision and control of their parents and not able to make their decisions and this is 100% true in respect of rural populations. not even girl same position also of boys. India's 70% population is rural not urban.

  12. #12
    Hemant g first of all its not about your sugestion but many time it happens with me that i psoted something with my view and instead of asking relevant things they says, likhna chod de, bakwaas and all other bull **** things so thats why i say about that, who does not like good suggestion but is you can ignore irrelevant things, Sir main Ik lawyer bhi hu, or teacher bhi or writer bhi,critics kartha bhi hu, or jheltha bhi hu, mujhe apni kami janna pasand haan, but galt cheez par defend karna bhi so i believe ki maine unke liye jo lika woh galat nahi, and neither for you, nor i mean to all kinds of suggestions.

  13. #13
    Sir i agreed with your Opinion but kya aapka suggestion aapka right to religious freedom ke against nahi hoga, and second uniform civil code, ke liye legal system change hoga, Law commission ka suggestion Uniform hi haan, becoz har custom ki marriage ko Child Marriage restrainment Act 2006 ne bann kiya haan, so kisi custom main shadi ki age ko kam nahi kiya haan, or chaiye kahin ke ho, If they are Hindu toh Hindu Marriage Act apply hoga, customary marrige main relaxation alag baat haan, but if you complained about such marriage then legal action liya jayega chaiye wo Goa ho ya Pondicheri, or any other place, becoz Child marriage restrainmant Act, territorial Barriers ke bina, all India except J and k apply hota haan.

  14. #14
    Sir, tell me one thing, kya yh legal change un Young persons ko nahi bachega jo legal process main ulz jathe haan, is sab ke karan. kya un logo ko isliye jail katne de becoz ladki ki age conflict haan, Sir love marriages main agar ladki ki age 18 se niche haan, toh ladke par kidnapping ka case laghta haan, or decide hone main 8 years and bail main 1 saal, or wo bhi chaiye ladki jaan kar bhagi ho ya bhagayi gayi ho, whats the mistake of boy, becoz case toh ladke par hi chalega,so think about those also.

  15. #15
    Quote Originally Posted by Arun4law View Post
    Hemant g first of all its not about your sugestion but many time it happens with me that i psoted something with my view and instead of asking relevant things they says, likhna chod de, bakwaas and all other bull **** things so thats why i say about that, who does not like good suggestion but is you can ignore irrelevant things, Sir main Ik lawyer bhi hu, or teacher bhi or writer bhi,critics kartha bhi hu, or jheltha bhi hu, mujhe apni kami janna pasand haan, but galt cheez par defend karna bhi so i believe ki maine unke liye jo lika woh galat nahi, and neither for you, nor i mean to all kinds of suggestions.
    Thanks for clarifying Arun Ji ,My signature says what i want to convey...
    "Whenever u r criticised, Don't get upset. Always remember this "No Stones r thrown on a fruitless tree"

  16. #16
    Quote Originally Posted by Arun4law View Post
    Sir, tell me one thing, kya yh legal change un Young persons ko nahi bachega jo legal process main ulz jathe haan, is sab ke karan. kya un logo ko isliye jail katne de becoz ladki ki age conflict haan, Sir love marriages main agar ladki ki age 18 se niche haan, toh ladke par kidnapping ka case laghta haan, or decide hone main 8 years and bail main 1 saal, or wo bhi chaiye ladki jaan kar bhagi ho ya bhagayi gayi ho, whats the mistake of boy, becoz case toh ladke par hi chalega,so think about those also.
    I want to know how the boy as quoted in your this post as illustration may be saved from legal clutches, as per my observation making uniform age for marriage 18y will not change this.they will be still minor as per Indian Majority Act. the age has been defined in different-2 Act for applicability of the concerned Act.

  17. #17
    Right age for making this beautiful relationship..........When the understanding level has grown mature, sense of caring has developed greater, and when the personality of taking ahead the responsibilty is judged by others...............taking mathematical digits for considerations is just baseless. Its better to have late marriage than to engage so early without any sense of understanding what a marriage relationship is. People are getting intellectual with great professions but somewhere understanding the meaning of this simple and most important word MARRIAGE RELATIONSHIP is not so clear. I wish it would get better very soon one day and there wud be zero no. of flirts, divorces, fights between the couple and affected innocent kids. Also, authorities would not be bounded to pass stupid laws like for gays, lesbians and for others.

    Sorry, if its off topic but I liked to express what I really feel and have observed.

  18. #18
    We would not be having this discussion if more resources were spent on educating girls. Education will ensure that girls will marry late, have children late and have less children. There is a strong correlation between girls level of education and marriage/kids.

    I have seen this happening in the last 10 years in Haryana. It is needed most in states like UP, Bihar, Bengal, orissa, MP.

  19. #19
    bro let me clarifying things, its not reducing the age thats what Law commission saying neither what in my reply said by me to other, and the issue about saving the one from Legal problem then let me told me its all because the Girl under fear refuse to appear in front of court or under influence or pressure of family not gave the statement in court , if both Boys and Girls age will be 18 then if both boys Girl marriage age will be 18 then they can marry to each other, and second how to save the boy, its professional issue so i cant answer the thing.

  20. #20
    Pardon me neelam g but i did not get your point what you are tring to say although its beyond topic or discussion but if its clear then i love to reply and even understands the thoughts so its my request that whatever wanna to say clarifying the things even if its beyond topic.

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