The law as it currently stands prescribes 18 years and 21 years for women and men respectively as the minimum age of marriage.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala noted that though the petitioner seeks to have 21 years as the age of marriage for both men and women, the prayer in the plea was for striking down the provision prescribing minimum age of marriage altogether.
The bench opined that simply striking down the provision will lead to a situation with no minimum age of marriage for women.
“Mere striking down of the provision which sets 18 year age will lead to no minimum age of marriage for women. It is trite law that under 32 this court cannot issue mandamus to parliament to legislate nor can it legislate,” the Court emphasised.
The Court was also irked by some statements by Upadhyay when he said that High Court will then decide the matter.
“We don’t want your gratuitous comment on us. We are not here to please you or any section of the polity. Don’t you give me gratuitous comment. This is not a political forum. We don’t owe you explanation,” the CJI remarked.
Source: Barandbench
