Prescription Of Different Ages for Marriage and Its Constitutional Validity: A Critical Analysis Under the Hindu Marriage Act, 1955

ABSTRACT

The Hindu Marriage Act, 19552 states that in order to be eligible to get married, a man must be at least 21 years old and a woman must be at least 18. This disparity has sparked debate, raising concerns about gender equality and social standards. The biological, social, and historical justifications for the clause are mostly drawn from accepted theories of marriage and family dynamic. The primary rationale for this disparity has been the belief that women are ready for marriage earlier because they develop emotionally and physically before men. However, because of changing social roles and women’s aspirations for education and careers, this notion has been hotly debated in modern times. Critics argue that maintaining unequal age restrictions perpetuates gender inequality and preconceptions about women’s roles in society. Court decisions and the Indian legal system have also impacted the conversation on this subject. Views on gender equality and justice are evolving, as seen in recent legal and legislative discussions and proposals to raise the minimum marriage age for women to 21. The legal regulations, historical context, and arguments for and against the various age limits are all examined in this project.