SC notice on petition to transfer cases from HCS

NEW DELHI: The Supreme Court on Tuesday issued notice on a petition seeking transfer of pleas from Delhi high court and Rajasthan high court which have sought 21 years as uniform marriageable age for both men and women.

The notice was issued based on a petition filed by lawyer and BJP leader Ashwini Kumar Upadhyay who claimed that the present legal framework allowing girls and boys to marry at the age of 18 and 21, respectively, aggravates the gender inequality that exists within a marital relationship. “While men are permitted to get married at the age of 21, women are married when they are just 18. The distinction is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against the global trends,” the petition stated.

Upadhyay had earlier raised the issue before the Delhi high court in August 2019. He later came across a similar petition filed by one Abdul Mannan which is being considered by the Rajasthan high court.

Both petitions stated that the different age for marriage violated fundamental rights of equality (Article 14), protection against discrimination (Article 15), and dignity of life (Article 21) of citizens and went against India’s commitment under the Convention on Elimination of all forms of Discrimination Against Women (CEDAW). Under Article 139A, the Supreme Court has the power to transfer to itself cases involving the same or substantially the same questions of law, and pending before two or more high courts.