Shadow Of Patriarchy: Allahabad HC Calls Out India's Legal Marriage Age Structure

It is common in India to hear mothers talking about finding a 'suitable' husband for their daughters, often someone who is always older than their daughter. The Indian legal system also reflects similar thinking, with the legal age for females to be considered adults set at 18, while it is 21 for males, following a traditionally pragmatic approach. But is this so-called pragmatic approach really pragmatic or something passed along generations in lieu of patriarchy?

Age Gaps In Marriage: A Gimmick Of Patriarchy?

At the Allahabad High Court, Justices Saumitra Dayal Singh and Donadi Ramesh made the observations while dealing with a man’s appeal against a family court's refusal to declare his marriage void. Under the Prohibition of Child Marriage Act (PCMA), the legal definition of a “child” for marriage purposes is any male under 21 and any female under 18. Such age limits reinforce the gender norms followed across the world.

"That the men should be older at marriage reflects an outdated, patriarchal bias embedded in law, assuming that women require protection or maturity later in life."

The Bench made sharp remarks on the legal system of the country. “The notion that men should be older at marriage reflects an outdated, patriarchal bias embedded in law, assuming that women require protection or maturity later in life," the court said.

The judgement critiques the assumption that males are the financial providers in the marriage thereby reinforcing the notion of gender inequality and invalidating the steps taken to promote women in education and economic opportunities. 

Why is the age gap a major loophole?

The age gap reinforces the belief that the males are financial providers of a family, giving them the upper hand in a marriage and thus creating a window for them to exploit the woman who is financially dependent on them. Such notions discourage families from investing in the education of the girl child. "Why educate her when it is her husband who will eventually provide for her?"  Even if the woman is not financially dependent, this preconceived notion acts as a demotivating factor for the women and a contentious mindset in the household. 

The notion is so deeply entrenched in the lives of Indians that, even today, the thought of a woman marrying a man younger than her causes discomfort in those around her. 

Overview of other countries

Countries like India, Pakistan and Bangladesh have the minimum age of marriage for women set as 18 and for men as 21. China has a minimum age of 20 for women and 22 for men. This reinforces the patriarchal values set by the society.

However, countries like France, South Africa and Japan (from 2024) have laws that have the same age of minimum age of marriage for both genders, reflecting an egalitarian approach to marital rights and responsibilities for all genders.

Not the first time

In 2023, Advocate Ashwini Upadhyay filed a petition seeking a uniform marriage age for men and women. The petitioner argued that the distinction between the ages of 18 for women and 21 for men was based on patriarchal stereotypes and violated the right to equality, dignity of life, and prohibition of discrimination. A bench headed by then Chief Justice of India, D.Y Chandrachud, dismissed the petition on the grounds that the Supreme Court is not the sole custodian of the Constitution and involvement of the Parliament is also deemed necessary.