திருமண வயது

Abstract

Marriage holds immense significance in human life, representing one of the foundational institutions of society. The initiation of marriage necessitates certain prerequisites such as reaching the minimum age of adulthood, physical maturity, and mental development. Many legal systems globally recognize the importance of setting a minimum age for marriage, ensuring the well-being of both parties involved. This legal age serves as a benchmark for boys and girls alike, ensuring that they enter into marriage with the requisite maturity and understanding. In unfortunate scenarios where girls under the age of sixteen are married and subsequently face divorce, they encounter challenges in providing financial support for themselves and their children. The Employment of Women, Young People, and Children Law No. 1956 specifies the minimum age for employment as sixteen, with hazardous work restricted until the age of eighteen. Consequently, these young girls are unable to secure livelihoods due to legal restrictions on employment until they reach the age of sixteen. This predicament often leads to a lack of education and suitable employment opportunities for these girls. Additionally, Section 363(n) of the Penal Code addresses the issue of sexual intercourse with minors. It deems any sexual activity with a girl under the age of sixteen, and especially with a girl under twelve, as statutory rape, regardless of consent. However, under the provisions of the Muslim Marriage and Divorce Act (AMU), marital relations with a wife above the age of twelve are not considered unlawful. This creates a contradiction between the two laws, raising questions about the legal framework's coherence and effectiveness. It is imperative for lawmakers to review and reconcile these conflicting provisions within both legal frameworks. Addressing this incongruity is essential to uphold the rights and well-being of minors and to ensure consistency and fairness within the legal system.