Delhi High Court on Monday issued notices to the Central government and Law Commission of India on Public Interest Litigation (PIL) seeking common minimum age of marriage for men and women.
A division bench of Chief Justice DN Patel and Justice C Harishankar slated the matter for hearing on October 30.
Senior advocate Vibha Dutta Makhija appeared on behalf of petitioner and BJP leader advocate Ashwini Upadhyay, who had moved the PIL in the court on August 14.
"It was clearly discriminatory that the 'minimum age' limit for marriage for men and women is different in India. While men in India are permitted to get married only at the age of 21, women are allowed to get married when they are 18," the PIL contended.
According to the petitioner, the statutory provisions under Section 60(1) of the Indian Christian Marriage Act, 1872; Section 3(1) (c) of the Parsi Marriage and Divorce Act, 1936; Section 4(c) of the Special Marriage Act, 1954; Section 5(iii) of the Hindu Marriage Act, 1955 and Section 2(a) of the Prohibition of Child Marriage Act, 2006 were responsible for the discriminatory bar.
The petition said that the age 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.
Therefore, the plea seeks to declare the minimum age of 18 years for the marriage to be" void and inoperative".
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