Legal Marriage Age

Marriage is a socially and legally recognised sacred union between the two individuals. In India, it is also a union between two families. Monogamous marriage is the most common type of marriage worldwide. Marriage plays many functions like formation of family units, social integration, transmission of culture, smallest unit of economy etc. In India arranged marriages are more common. Marriages in India suffer from various issues such as child marriages, dowry system, domestic violence, stigmatisation of divorce etc. There are many legislations enacted by government to solve these issues like Prohibition of Child Marriage Act, 2006, The Dowry Prohibition Act, 1961, The Protection of Women from Domestic Violence Act, 2005 (PWDVA) and The Muslim Women (Protection of Rights on Marriage) Act, 2019. The current debate in India regarding marriages is the legalisation of same sex marriages. Same sex relationships were decriminalised in India by the apex court in 2018 but same sex marriages have not yet been recognised in India. Supreme Court in its latest Supriyo judgement in 2023 uled against the legalisation of same sex marriages and opined that it is upto the central and state government to allow same-sex marriage.

Marriage in India is deeply intertwined with its rich culture and traditions. In the ancient Indian scriptures like Vedas, marriage is considered a religious and spiritual union between the two individuals. Practices like Sati, child marriages and prohibition of remarriage of widows became prevalent during the medieval period. The colonial era in India brought significant changes to these practices.

Regulation XVIII of 1829 imposed a ban on the practice of Sati. Another law, The Hindu Widow Remarriage Act, 1856 enacted by British allowed the widows to remarry and legalised widow remarriages. Child marriages in India were very common at that time. Age of Consent Act, 1891 raised the marriageable age for girls from 10 to 12 years. These regulations brought significant changes in the mindset of people. After independence, Hindu Marriage Act and other personal laws were enacted to promote social justice and human rights. In recent times, modernisation and globalisation has brought many changes to the institution of marriage like growing inter caste, interfaith marriages, live-in and same sex relationships.

Marriage is a primary social institution and a legally and socially recognised sacred union between two individuals. It serves as a framework for the formation of families, the raising of children, and the continuation of societal values and traditions. It is a culturally significant institution found in every society in the world but the specifics of marriage varies according to different cultures and religions. In India, marriage is not just a bond between two individuals but also between their families. Modernisation and Westernisation has brought significant changes in the institution of marriage in India. Despite the changes, the institution of marriage continues to hold immense significance in Indian society.

• Group marriages : In this type of marriages a group of men marry a group of women. It is the most primitive form of marriage. It was prevalent in hunting and gathering societies.
• Polygamy : It is a form of marriage when a person marries more than 1 individual of the other sex. It is of 2 types - Polyandry and Polygyny
  • Polygyny : It is a sub-form of polygamy in which one man marries more than one woman at a time and stay together.
    Example : It is prevalent is Muslim societies and many tribes like Gond, Kharia.
  • Polyandry : It is a sub-form of polygamy in which one woman marries more than one man at a time and stay together. Polyandrous marriages are less common compared to polygynous.
    Example : In tribe Nayars, Toda
• Levirate marriages : It is a type of marriage where a woman marries her deceased husband’s brother. Example - North Eastern tribes
• Sororate marriages : It is a type of marriage where a man marries his deceased wife’s sister. Example - Bonda Tribe
• Monogamy : involves the union of one man and one woman, where each partner has only one spouse at a time. This is the most common type of marriage worldwide in today’s societies.

• Formation of Family Units : Marriage provides a framework for the formation of family units, which serve as the basic building blocks of society.
• Reproduction: Childbearing and raising them in a stable environment.
• Companionship : Marriage offers emotional support and companionship to individuals, creating a deep bond of love, trust, and intimacy between spouses.
• Economic Cooperation : Marriage involves pooling of resources and sharing of responsibilities between the spouses which provides economic stability and security to the couple.
• Cultural Transmission : Marriage is an important social institution which serves as a vehicle to transmit the culture and societal values to the next generation.
• Legal and Social Recognition : Marriage confers legal and social recognition to the relationship between two people. It grants them various rights, benefits and responsibilities under the law.
• Sexual Fulfilment : Marriage provides a socially sanctioned context for sexual intimacy and fulfilment between partners.
• Social Integration and Cohesion : Through marriages, two families come together and foster networks of kinship
• Fulfilment of Religious and Cultural Obligations : Marriage is considered a sacred or sacramental union with spiritual significance in many religions like Hinduism.

• Arranged marriage : In arranged marriages, families or matchmakers play a significant role in selecting a spouse for an individual. While the individuals getting married may have some say in the process, the final decision is often made by their families.
• Love marriage : Love marriages occur when partners are chosen by the individuals based on mutual affection and attraction.
• Polygamy : It is common in Muslim community and many tribal communities like Gond, Kharia.
• Same sex marriage : It involves the union of individuals of same sex. In many countries, same-sex marriage has become legally recognized in recent years, although acceptance and legality vary worldwide. In India, it is not accepted socially or legally.

• Child marriages : Child marriage is illegal in India but it is still present in some communities particularly in rural India. Child marriage is one of the biggest social evil which have serious consequences for the health, education, and overall well-being of young girls.
• Dowry System : Despite being illegal, the practice of dowry persists in many parts of India. It is the payment done by the bride's family to the groom’s family during the marriage. It imposes a heavy financial burden on the bride's family and is one of the major reasons behind harassment and domestic violence.
• Inter-caste and Inter-faith marriages : Marriages across caste and religious lines are often met with opposition from families and communities, leading to social stigma, discrimination, and even violence against couples.
  • In Lata Singh v. State of Uttar Pradesh (2006), the Supreme Court of India held that the right to marry a person of one's choice is part of the fundamental right to life and personal liberty guaranteed under Article 21 of the Indian Constitution.
• Divorce and Legal Procedures : Divorce proceedings in India are very complex, time consuming. However the acceptance for divorces is increasing in India, but still it is a stigma particularly for women. The divorce on grounds of ‘irretrievable breakdown of marriage’ is not recognised in India. Only fault based and mutual consent divorce is recognised which leads to long trials.
• Issues with same sex marriage and LGBTQ+ rights : Same-sex marriage is not legally and socially recognized in India, and LGBTQ+ individuals often face discrimination and social ostracism.

• Hindu Marriage Act, 1955 : It governs marriages among Hindus, Buddhists, Jains, and Sikhs. Under the Act only monogamy is allowed.
• Muslim Personal Law : Marriages in Muslim communities is governed by Sharia or Islamic law.
• Special Marriage Act, 1954: It applies to marriages between individuals of different religions or those who do not wish to marry under their respective personal laws. It provides for a secular marriage ceremony and allows couples to register their marriage without regard to religion.

1. Prohibition of Child Marriage Act, 2006 (PCMA) : The Act was passed to protect the rights of children and to prevent the child marriages in India. It defines a child as any person below the age of 18 years for females and 21 years for males. It also has provisions for the punishment for offenders including imprisonment and fines.
2. The Dowry Prohibition Act, 1961 : It was enacted to prevent the culture of dowry in Indian marriages. It defines dowry as any property or valuable security given or agreed to be given directly or indirectly as consideration for marriage. It imposes penalties for both the giver and receiver of dowry.
3. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) : It was enacted to protect women from domestic violence and provide them with legal support. It recognizes various forms of domestic violence, including physical, sexual, emotional, verbal abuse. It also establishes special courts and protection officers to assist victims of domestic violence and ensure effective implementation of the Act.
4. The Muslim Women (Protection of Rights on Marriage) Act, 2019 : It is a legislation enacted by the Indian government to address the issue of instant triple talaq (talaq-e-biddat) in Muslim community and to protect the rights of Muslim women against the practice of instant divorce. The Act declares the practice of instant triple talaq as illegal. It was enacted after the practice was declared unconstitutional by the Supreme Court of India in August 2017, in the case of Shayara Bano v. Union of India.

• In the world, 33 countries have recognised same sex marriages as a legally valid union. Netherlands was the first country to do so in 2001. However, in India it has not been legalised yet.
• Suprioy v.Union of India case, 2023: In this judgement, Supreme Court of India refused to legalise same sex marriage and held that it is only the Parliament which can bring in a law. During the proceedings, the Court sought suggestions from centre and states regarding this issue.
  • Opinion of states : Some states like Kerala were in favour of legalising same sex marriages while many states like Rajasthan, Andhra Pradesh and Assam refused to accept same sex marriages in their states.
  • Opinion of central government : According to the central government, legalising same sex marriages may have negative impact on the Indian society.
  • Opinion of petitioners : As per the opinion of petitioners, the right to marry to the person of same sex is a fundamental Right under Article 14 (Right to equality) and Article 15 (Right against discrimination), Article 21 (Right to privacy).
  • Decision of the Court: A 5 judge bench headed by Chief Justice of India ruled in a 3:2 verdict against the legalisation of same sex marriages in India.
  • According to the court, it has no right to include same sex marriages under the ambit of Special Marriages Act, 1954. The Parliament and state legislatures have the right to formulate such laws.
  • However, the court also opined that the marriage as an institution is not static and queer persons have an equal freedom to enter into any union. The minority judgment recommended recognition of ‘Civil Unions between Same Sex People.
  • All the 5 judges agreed that there is no fundamental right to marry in the constitution.

1. Individualism : Modernization and globalization have fostered a culture of individualism and self-expression, influencing marital dynamics based on personal fulfilment, compatibility, and emotional connection rather than solely on familial or societal expectations.
2. Delayed marriage : Due to the priority given to education and financial independency, the age of marriage has been increased in the recent decade.
3. Live-in relationships : Live-in relationships mean the co-habitation of unmarried couples where they share a domestic life without formal legal or religious recognition of marriage. These relationships have become increasingly common in many parts of the world, including India, due to changing social norms, economic factors, and evolving attitudes towards marriage and relationships.
4. Rise in interfaith marriages : Globalization has facilitated increased cultural exchange and interconnectivity, leading to a rise in intercultural and interfaith marriages. The rise in love marriages also have increased the intercaste and interfaith unions in India.
5. Long distance relationships due to technological advancements : Due to technological advancements like online dating apps etc. people meet and connect with potential partners living at a distance. The pool of potential partners has expanded which facilitates cross-cultural and long-distance relationships.
6. Recognition of same sex marriages : Modernisation and globalisation have brought awareness to alternative forms of marriages like same sex marriages and many countries have also legalised such unions. However, India still has not legalised the same sex marriages.

In the recent decades, the institution of marriage has undergone many changes due to globalisation and modernisation, but still Marriage in India has maintained its sanctity. It is still considered sacrosanct ans has religious and cultural significance in India. Marriage still provides social stability and psychological security to the individuals. Marriage has evolved overtime but marriage as an institution is still constant and valuable in every contemporary society.

Marriages in India have also evolved over time which can be seen in growing intercaste and interfaith unions. However, social recognition of modern forms of unions like live-in relationships and same sex marriages is not compelete. Same sex marriages have not been legalised in India and hence still a topic of debate in India. Generating awareness about equality and human rights can bring acceptance for these unions in India.