Age of consent: SC notices to Centre, Delhi Govt

New Delhi, Mar 27 (UNI) The Supreme Court today issued notices to the Centre and the government of national Capital Territory of Delhi to remove anamolies in various acts and laws pertaining to fixation of minimum marriageable age in India.

A bench comprising chief justice Y.K. Sabharwal, Mr. Justice C.K.

Thakker and Mr. Justice R.V. Raveendran also stayed the Delhi high court order upholding the marriage of a girl who has not reached the age of 18 years.

The petitioners National Commission for Women and Delhi Commission for Women have alleged that the impugned high court order has only added to the confusion regarding laws relating to marriage of minor. Existing contradictions in the legislations have made mockery of Indian laws and their implementation has become ineffective.

For example section 5 and 11 of the Hindu Marriage Act,1955 do not authorize courts to declare a marriage void on the ground that either of the parties is underage.

The Supreme Court shall consider the entire gamut of the controversy and confusion to decide once and for all the minimum marriageable age for both the boy and girl.

At present the minimum marriageable age for a girl is 18 years while for the boy it is 21 years but the impugned high court judgment upheld the validity of betrothal of a minor on the ground that a girl can give consent for marriage if she has attained the age of discretion.

The petitioner, statutory bodies have pleaded that the high court judgment if not set aside shall encourage the practice of child marriage which is injurious to social health. Maximum number of deaths at the time of delivery are in cases of child marriage.

UNI AKS/SC RP HT1825