GOI Marriage Reformers

The common understanding of “Marriage” is that it’s a social union between two persons (so far man and woman in India). This is a union recognised by society and law. Marriage entails living a life together, procreation and economic continuity and progress. There are legal aspects that are determined by a marriage such as descendants, inheritance, divorce etc. In his I-Day speech in 2020, PM Narendra Modi talked about marriage age with the statement: "This government is constantly concerned about the health of daughters and sisters. To save the daughters from malnutrition, it is necessary that they're married at the right age."

Consequent to Modi’s declaration a Task Force (TF) was set up headed by Jaya Jaitly to decide the “right age” for marriage. When the PM had already decided the govt planned to raise the marriage for women from 18 to 21 there was no need for a bogus Task Force which was meant to echo his views and carry out his agenda. I have read reports on Jaya Jaitly’s comments on the Task Force’s work and findings but nowhere does it define what the “right age” is. I have also not read why 21 becomes the “right age” instead of 18.

There is some logic in the argument that very young marriages tend to fail as the partners may lack the maturity for a responsible married life. There’s no better example than Modi’s marriage itself. However, Indian marriages have lasted better than Western marriages as marriage is also seen as integration of families rather than just two individuals. Modi’s logic of saving girls from malnutrition is also empty blabber. There is no reason to believe girls will not suffer malnutrition after 21. The only argument for fixing an age for marriage can be biological and mental maturity. That would have to be backed by scientific and psychological evidence but I doubt the TF relied on any such evidence. But the TF claims “Gender Parity” as the main reason for raising the age to 21:

The TF claims to have taken feedback from 16 universities on raising the girl’s age for marriage. Therefore, I don’t think there is any “scientific investment” by the TF for increasing the age. Let me state clearly, I do not have any objection to raising the age. In fact, most modern-day marriages of educated persons happen around age 25-28. So, the mere law doesn’t make much of a difference to anyone EXCEPT those who still practice child-marriage. Most of the child marriages happen among Muslims and in Hindus among the SC/ST and OBC/Dalit groups. The question, therefore, is not a law but education that is most required to change marriage patterns. Child marriages have steadily come down in India over decades and is now around 27% and most of it happens in the Tribal, Dalit and Muslim communities:

The argument of “gender parity” for raising the girl’s age to 21 is nothing but total nonsense. Girls are legally allowed to be employed at age 14 (just like boys), except for certain work of hazardous nature. Women get rebates in Income Tax so gender parity as an argument is foolish. In the Railways, male senior citizens have to be age 60 but women are treated as senior citizens at age 45. So, where the hell does gender parity go in all these situations? Mind you, I am in favour of all these benefits to women but the argument of “Gender Parity” cannot be selectively used for marriage. Why not lower the age of males to marry at 18? That too would bring gender parity for argument’s sake.

Age is not the biggest problem in Indian marriages. It is the interpretation of laws, personal laws, social situations that defeats the purpose of any uniform law. Although there is a Prohibition of Child Marriage Act, courts have frequently ruled that child marriages are not automatically void. That a partner should seek to void the marriage on reaching age 18 and nor is child marriage treated as a serious offence:

The matter becomes even more complex when Muslims refuse to accept Indian laws on marriage but prefer to stick to their Sharia or Personal Laws. Many courts have repeatedly ruled in favour of Muslim marriages at 15 and legitimized such marriages. So, there is no reason to believe that a new law will change anything. Although the law is yet to be made and come into force, one has to wait and see if the law makes it mandatory for all and courts too accept that has the final say on marriage age. Given the objections it is fair to assume there may be some PILs challenging the law and ModiSarkar is on “Withdrawal Symptoms” mode. In cases of Tribal marriages, the courts have refused to administer Hindu Marriage Act but cited Constitutional provisions and have legalized Muslim marriages at age 15:

Last year, Tribal groups in Karnataka demanded that their marriage age be reduced to 16 for girls and 18 for boys. Regardless of any laws, child marriages continue and will continue among many communities. Modi’s idea of saving women from “malnutrition” and hence raising the marriage age is illogical. Equally illogical is the TF argument of “gender parity” because gender disparity is now deep-rooted in politics and laws. Ask political parties to give equal number of tickets to men and women for elections they will turn a deaf ear. In other words, what is good for you to practice is evil for political parties to practice.

Another dumb argument put forth by the TF and the usual coolies of Modi and BJP is that raising the girl’s age to 21 will enable her to continue studies and seek a professional career. How stupid can they get? Most education drop-out happens in schools much before the age of 16 due to multiple reasons – lack of academic interest, exam failure, economic condition of the family needing the youngster to work or no further opportunities in the area. There is absolutely no logic in assuming that all women get married when they get to 18. That child marriage is reducing but continues in some communities is a SPECIFIC problem. Instead of addressing the specific problem the GOI wants to treat marriage age as a “pandemic” affecting all communities. This is the fallacy that embellishes the proposed new law.

To a majority of Indians, the new law will not make any difference as most girls today are not getting married at 18. Some marriages also become inevitable due to pregnancy. If a girl gets pregnant at 16 or 17, it makes sense for the biological father to marry her and accept responsibility. Sex with minors is a crime in India but folks don’t read the law to get into a relationship or have sex. Crimes do happen and, often, out of mutual consent in a young relationship.

The biggest problem with the proposed law is not the age itself. It is that it lacks any scientific or psychological evidence or backup to determine what is a “right age” to get married. The Task Force is not entirely a scientific body nor does it rely on scientific research to establish its findings. All it does to execute Modi’s already made public declaration and back it by some feedback and opinions. No one can really determine what is a “right age” for marriage. Only data of failed and successful marriages can establish a pattern.

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