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09 Jun, 2025
By Online Legal India
Published On 06 Jun 2025
Category Other
Marriage laws play an important role in protecting individual rights and ensuring the well-being of society. In India, the law permits women to marry once they become adults, while men are required to be older. These age limits are designed to prevent child marriages and promote maturity in relationships. However, there is a growing demand for a uniform marriage age for all genders. Supporters believe such a change would promote equality and align the law with modern social values. In this blog, you will learn about the legal age of marriage in India.
Here is a detailed explanation of the Marriage Age in India:
This law applies to all Indian citizens, regardless of religion. It sets the minimum age for marriage at 18 years for women and 21 years for men. If anyone marries below these ages, the marriage becomes voidable. This means it can be cancelled at the request of the minor. The Act allows a minor to approach the court to cancel the marriage. It also punishes those who arrange or support child marriages, including parents, priests, or local leaders. The penalty may involve both a monetary fine and imprisonment.
Penalty: Anyone involved in conducting or promoting a child marriage can face imprisonment (up to 2 years) and a fine (up to ?1 lakh).
The law empowers state governments to appoint Child Marriage Prohibition Officers. These officers help prevent underage marriages and protect minors from such practices.
This law governs marriages among Hindus, Buddhists, Jains, and Sikhs. It also fixes the minimum age at 18 years for women and 21 years for men.
Section 5 of the Act lays down the conditions for a valid marriage. It states that both individuals must meet the age requirement, must not have a living spouse, and must not fall within the prohibited degree of relationship unless allowed under custom.
This law ensures that both parties enter marriage with consent and a minimum level of maturity.
This law provides a way for individuals of any religion to marry under civil law. It is commonly used in interfaith and inter-caste marriages. It also sets the minimum age at 18 for women and 21 for men. The law requires the couple to give a 30-day public notice to the Marriage Registrar before marriage. During this time, anyone can object if they believe the marriage violates legal conditions.
The Act ensures that both parties are of sound mind, unmarried, and not closely related. It creates a uniform process for solemnizing marriages without following religious customs.
The Indian Government introduces this bill to increase the minimum legal age of marriage for women from 18 to 21 years, to bring gender equality in law. The bill seeks to amend the existing Prohibition of Child Marriage Act, 2006.
This bill is currently under review in Parliament. Once passed, the new minimum age of 21 for women will apply to all communities, regardless of religion or custom. The bill also proposes a two-year transition period before it becomes fully effective. During this time, rules and awareness programs are expected to be implemented. As of now (June 2025), this bill has not been passed into law.
The following provides an in-depth look into the historical evolution of legal marriage age laws in India, tracing how societal and legislative perspectives have shaped the current framework:
This is the first law in India that restricts child marriage. It came into effect in 1930. The Act sets the minimum age for marriage at 14 years for girls and 18 years for boys. It applies to all citizens of British India except in princely states like Hyderabad and Jammu and Kashmir. The Act imposes penalties for adults who arrange or participate in child marriages. However, the law faces poor implementation due to weak legal systems and strong social customs.
After independence, the government amends the Act to increase the legal age for girls from 14 to 15 years. This change reflects growing awareness about the health and education of young girls. It shows the state’s intention to give more protection to minors. But it still does not treat boys and girls equally in terms of marriage age.
In 1978, the government revised the age limits again. It sets the minimum age at 18 years for girls and 21 years for boys, which continues to be the current law. This amendment tries to ensure that individuals reach adulthood before marriage. It also aligns with voting and majority age. The amendment makes the law more effective and widely acceptable.
4. Prohibition of Child Marriage Act, 2006 (PCMA)
The 2006 Act replaces the earlier law. It provides a stronger legal system. It clearly defines a child as a girl below 18 and a boy below 21. It allows children in a child marriage to cancel the marriage after becoming adults. It appoints Child Marriage Prohibition Officers in every district. These officers help prevent child marriages and support affected children. This Act applies to all communities and overrides any personal or religious laws.
Rationale Behind Legal Age of Marriage in India
Below is a detailed explanation of the rationale behind the legal age of marriage in India:
The law prevents children from entering marriage before they are physically and emotionally ready. Early marriage forces minors to take on adult responsibilities too soon. Girls married early often face serious health risks during pregnancy and childbirth. The law allows minors to cancel marriages if they happen before the legal age. This legal protection helps safeguard their future and well-being.
Currently, the legal marriage age differs for men and women 18 for women and 21 for men. There is a growing push to raise the age for women to 21, matching men’s age. This change promotes fairness and reduces gender discrimination. Equalizing the marriage age supports women’s empowerment and recognizes their equal status in society.
Delaying marriage allows girls to continue their education without interruption. Girls who finish school have better opportunities to gain skills, find jobs, and support themselves financially. Educated women contribute to family welfare and national development. Therefore, setting a minimum marriage age encourages education and long-term economic progress.
Early marriage often leads to early pregnancy, which is dangerous for both young mothers and their babies. Higher legal marriage ages help reduce maternal and infant mortality rates. This protection improves health outcomes and lowers risks associated with teenage pregnancies.
India follows international treaties like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These agreements call for protecting children’s rights and promoting gender equality. Setting and enforcing a minimum marriage age helps India meet these global standards.
Raising the legal age of marriage challenges outdated social practices that support child marriage. It promotes new values such as education, personal growth, and equal rights. This change encourages communities to respect the rights of children and women, leading to a more just society.
Recent Developments
Here are the recent developments on the legal age of marriage in India:
The Indian government introduces this bill in the Lok Sabha on 21 December 2021. It suggests increasing the minimum legal marriage age for women from 18 to 21 years. The aim is to bring equality in the legal age for both men and women. The bill also suggests that the new provisions should apply even if customs, laws, or personal practices say otherwise.
Another key proposal in the bill allows women five years, instead of two, after reaching adulthood to seek annulment of child marriages. This gives young women more time and legal flexibility.
However, this bill does not become law. It lapses after the 17th Lok Sabha ends, as Parliament does not pass it within the required time. So, the legal marriage age for women still remains 18 years.
In November 2024, the Ministry of Women and Child Development launched a national campaign called "Bal Vivah Mukt Bharat". The goal is to prevent child marriages across India through awareness and education. This campaign informs communities about the negative effects of early marriage. It encourages parents to allow girls to study and grow before marriage. It also promotes public involvement in reporting cases of child marriage.
The government runs a special scheme in Dhenkanal district, Odisha, to monitor girls aged 10 to 19. This program tracks and supports adolescent girls to stop child marriages before they happen. From 2019 to 2024, officials identify and enroll more than 1.13 lakh girls under this program. It helps stop 343 planned child marriages and provides these girls with guidance and support.
The Prohibition of Child Marriage Act, 2006, remains the main law against child marriage. It defines a child as a boy below 21 years and a girl below 18 years. The law allows the minor to cancel the marriage and asks the courts to provide care, support, and residence to affected girls. The law also appoints Child Marriage Prohibition Officers. These officers work in the field to prevent such marriages and take legal action against those who promote or arrange them.
These recent steps show that while the law is yet to change, the Indian government remains active in controlling child marriage through education, enforcement, and support programs.
Below are the legal implications of underage marriages:
The law under the Prohibition of Child Marriage Act, 2006 (PCMA) allows a person who was a minor at the time of marriage to cancel the marriage. This person must file a petition within two years after reaching adulthood. This right ensures legal protection for the minor party.
In certain cases, the marriage becomes void from the beginning without needing court action. This includes cases where a child is forced, kidnapped, or sold for marriage. The law treats such marriages as never having existed.
The law punishes adults who marry a child, as well as anyone who supports or performs such a marriage. An adult male who marries a girl below 18 years faces jail for up to two years or a fine of up to Rs. 1 lakh or both. A priest or any person who solemnizes the marriage faces the same punishment.
Parents or guardians who permit or encourage the marriage also face criminal charges. These offenses are cognizable and non-bailable. This means the police can arrest the offender without a warrant, and the person does not have the automatic right to bail.
State governments appoint Child Marriage Prohibition Officers (CMPOs). These officers stop child marriages, report offenders, and guide affected children. They work with local communities, schools, and families. Their job also includes creating awareness about the law and helping victims of underage marriages.
In 2023 and 2024, several states intensify enforcement of the PCMA. Assam sees a major fall in child marriage cases and teenage pregnancies due to strong police action. Over 5,000 people face arrest for violating the law.
In Odisha, officials intervene and stop the marriage of a 16-year-old girl in Kendrapada. This reflects prompt action and awareness at the local level. In Noida, the number of reported child marriages drops from 16 to 6 in one year, showing improved legal compliance.
Courts in India have the power to stop child marriage before it happens. The court can issue an order, and violating it leads to jail or a fine. This gives the judiciary a strong tool to protect children’s rights.
These legal provisions and enforcement efforts show the government's commitment to ending underage marriage and protecting children from exploitation.
Conclusion
Following the legal age of marriage in India protects the health and rights of young individuals, especially girls. Early marriage causes serious health issues and forces many girls to stop their education. This leads to fewer opportunities in their future. Raising awareness about the legal age helps communities understand why it matters. When families gain knowledge, they make better decisions. Strong laws, education, and local efforts help reduce child marriage and work toward its complete elimination. If you want to resolve marriage-related disputes, contact Online Legal India. They offer easy and fast solutions through Online Dispute Resolution (ODR).
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