Supreme Court junks PIL seeking uniform marriageable age for men, women

New Delhi, February 20

The Supreme Court on Monday refused to entertain a PIL filed by Delhi BJP leader and advocate Ashwini Upadhyay seeking a uniform age of marriage for men and women, saying it is for Parliament to take a call on the issue.

“We must defer to Parliament. We can’t enact laws here. We should not perceive that we’re the exclusive custodian of the Constitution. Parliament is also a custodian,” a Bench led by Chief Justice of India DY Chandrachud said. The Supreme Court cannot issue an order to Parliament to legislate, it added.

Can’t enact laws

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We must defer to Parliament. We can’t enact laws here. We should not perceive that we’re the exclusive custodian of the Constitution. Parliament is also a custodian. —Supreme CourtBench

Men in India are permitted to get married at the age of 21 years while the marriageable age for women is 18 years. However, Upadhyay — an advocate — had sought equality in the legal age of marriage for men and women.

“We are here to do a constitutional duty, not to please you or anyone,” the Bench told Upadhyay, turning down his plea. “The petitioner seeks that women’s age of marriage should be increased to 21 to be on a par with men. Striking down of provision will result in there being no age for marriage for women. Hence, the petitioner seeks a legislative amendment. This court cannot issue a mandamus for Parliament to legislate. We decline this petition, leaving it open to the petitioner to seek appropriate directions,” the Bench said.

Maintaining that the difference in marriage age violated the principles of gender equality, gender justice and dignity of women, Upadhyay contended that “the petition challenges a blatant, ongoing form of discrimination against women. That is the discriminatory minimum age limit for marriage for men and women in India.”