AN EMPIRICAL SOCIO-LEGAL STUDY ON THE MINIMUM AGE OF MARRIAGE UNDER THE HINDU MARRIAGE ACT, 1955 BE UNIFORMLY FIXED AT TWENTY-ONE YEARS FOR BOTH MEN AND WOMEN

Povzetek

The minimum age prescribed for marriage under the Hindu Marriage Act, 1955 has emerged as a significant issue in contemporary family law, particularly in the context of constitutional equality, women's empowerment and social reform. While the law presently prescribes eighteen years as the minimum age for women and twenty-one years for men, the proposal to prescribe a uniform minimum age of twenty-one years for both sexes has generated considerable legal and public debate. Supporters contend that such a reform would strengthen gender equality, improve maternal and child health, encourage higher education and enhance the economic participation of women. Critics, however, argue that legislative intervention alone cannot address the underlying socio-economic causes of early marriage and that any increase in the legal age should not unduly restrict the autonomy of consenting adults.

Against this backdrop, the present study critically examines whether the existing legal distinction in the minimum age of marriage continues to be justified under the Hindu Marriage Act, 1955. The research adopts a socio-legal approach by integrating doctrinal analysis of statutory provisions, constitutional principles, judicial pronouncements and comparative legal developments with an empirical survey conducted among young adults. The study seeks to analyse the extent to which a uniform minimum marriage age is perceived as an instrument for promoting gender justice and social welfare while also assessing concerns relating to personal liberty and practical implementation. Rather than approaching the issue from a predetermined standpoint, the research evaluates competing legal and policy perspectives with the objective of determining whether reform of the existing law is both constitutionally desirable and socially sustainable. It is expected that the findings will contribute to the ongoing discourse on family law reform by offering evidence-based recommendations for balancing equality, individual autonomy and the larger public interest.