First, raising the age of marriage for girls from eighteen to twenty-one years by the National Commission for Women and National Child Rights Commission and secondly reducing the age of marriage from eighteen to sixteen years with the consent of the Chief Justice of the Supreme Court. . Now to think that if the Parliament increases the age of marriage even to twenty one years, then it will affect only those who believe in the institution like marriage.

On the one hand, sexual freedom is considered a right to privacy, while on the other hand, laws are made on the basis of age, different from international standards. In such a situation, it is necessary that there should be an in-depth discussion on the dispute regarding consent, the age of marriage and the personal rights of the parties and efforts should be made to settle the disputed issues as far as possible. In the Indian Penal Code, the age of consent, provisions of rape, protection of children from sexual offences, child marriage prevention laws and personal laws become prominent.

On the one hand, the right to marriage has been described as a fundamental right of a person, on the other hand, provision has also been made for legal settlement in case of age disputes. An institution like marriage, whether it is considered a sacrament under Hindu law or a contract under Muslim law, is on the wane and cohabitation between adults is becoming a normal way of life.

In such a situation, only the criteria of age cannot be considered as the complete truth for determining the crime. Whenever the question of determination of age has arisen in the Court, it has been strongly advocated that no person can be deprived of the benefits of laws on the ground of age. But in any situation of dispute, usually the benefit of two years is given to the child of the party.

In such a situation, when we look at the decision given by Justice Madan B. Lokur in the case of 'Independent Thaat Vs Union of India' in 2017, in which he said that the question before us is of great public importance whether between a man and his wife - In relation to being a girl of fifteen to eighteen years of age - sexual intercourse is rape? The answer in the Indian Penal Code is in the negative, but in our opinion sex with a girl below the age of eighteen years, whether married or not, is rape. It seems that since then the question of marital rape is searching for its answers.

On the other hand, Child Marriage Restraint Act declares marriage below eighteen years of age void, but even if a child is born from such marriage, then under the principle of Factum Valet, considering such child as legitimate, he was given all the rights. Let's go In this context refer to a Delhi High Court judgment where a seventeen year old minor Muslim girl fell in love and married according to Muslim law but was being harassed by her parents. When she pleaded for her security, the court not only recommended providing security to her, but also said that she can live with her husband if she wishes. But the court also said that further cases should not be decided on this basis.

On the other hand, two months after this decision, a division bench of the Karnataka High Court, while hearing the bail application of a person who married a minor Muslim girl, rejected the argument that a minor Muslim girl has to attain puberty or fifteen years of age. But the marriage will not violate the Prohibition of Child Marriage Act. The bench further observed that the POCSO Act, being a special Act, bypasses the personal law.

Due to the difference in approach of various High Courts in such judgments, a bench headed by the Chief Justice of the Supreme Court has now appealed to the Parliament to consider reducing the prescribed age of consent in the POCSO Act from eighteen years. The intention behind this appeal must have been that if such adolescent children fall in love and enter into a relationship with mutual consent, they should not be considered as criminals. But the government has not agreed to this.

Obviously these matters are very sensitive. Somewhere in the absence of mental maturity, youths who are victims of so-called indifference make such relations by strengthening the tone of protest against the family and society and then they feel that the decision taken in adolescence has been proved wrong, and somewhere the parents themselves Their children are found guilty of child marriage. Somewhere the parties are tortured by the society because they have established such relations by going against their family. In such a situation, the question of how to solve the problem is important.

At present, two issues are being raised prominently. First, the National Commission for Women and the National Commission for the Rights of the Girl Child.

Source: Jansatta