New Delhi: The Supreme Court on Monday dismissed a plea seeking a uniform age of marriage for men and women, observing that it is for the Parliament to decide and the court cannot interfere in the matter.
It said that the Parliament has enough power and the court need not tell the Parliament and it can pass the law on its own.
A bench headed by Chief Justice of India (CJI) DY Chandrachud told petitioner Ashwini Upadhyay, who had sought to stay the provision of Section 5 of the Hindu Marriage Act, that striking down the provision would create barriers to marriage for women. There would be no age and the court could not issue a mandate to Parliament to make laws.
CJI Chandrachud further told the petitioner, “There are some matters which are reserved for the Parliament. We should take refuge in the Parliament. We cannot make laws here. We should not think that we are the exclusive guardians of the Constitution. Parliament is also a guardian.
Upadhyay asked the court to grant him liberty to approach the Law Commission, to which the apex court said that no one was stopping him from approaching the Law Commission and there was no need to grant liberty and dismissed the petition. , which was transferred from the Delhi High Court. in the apex court.
“Dilution of the provision will result in no age of marriage for women. Hence the petitioner seeks a legislative amendment. This court cannot issue a mandate to Parliament to make laws,” the Supreme Court said.
Dismissing Upadhyay’s plea, a bench headed by CJI DY Chandrachud said, “We reject this petition, leaving it open to the petitioner to seek appropriate directions.”
Petitioner Upadhyay had urged that the difference between the age of marriage between men and women is arbitrary and violative of Articles 14, 15, 21 of the Constitution and demanded that the age of marriage of women be increased to bring them at par with men. 21 should be done.
Upadhyay had further argued before the court that if the court struck down Section 5 of the Hindu Marriage Act, the age would automatically become 21 for all.
The petitioner further sought legislative amendment for a uniform age for boys and girls.
