In two reports presented to union Law Minister H.R. Bhardwaj, the commission
proposed that the government must amend laws and reduce the marriageable age
for men from 21 to 18.
It also recommended that registration of marriages should be made compulsory in
all states.
The commission has proposed that marriages between young adults between the
ages of 16 and 18 be made "voidable" - wherein the girl and boy can fight to
make their marriage legal.
Marriages of boys below 16 years would be declared "void", it said.
Commission member Kirti Uppal said the panel has proposed that the age for
sexual consent be raised from 15 years to 16 for girls, regardless of marriage.
If the government accepts the proposal, even consensual sex with girls below 16
years would invite punishment for boys - or males.
Sex with wife below 15 years is now already a punishable offence under section
375 of the Indian Penal Code.
In a safeguard clause for women in "void" and "voidable" marriages, the
commission has recommended that they be entitled to maintenance and custody for
themselves and their offspring.
The commission found that the Prohibition of Child Marriage Act, 2006 (PCMA),
did not make a child marriage invalid. But under criminal law, section 375 of
IPC, it is a crime to have sex with a child - boy or girl - below 15 years.
Reacting to lowering of the marriageable age for men, noted matrimonial dispute
lawyer Kamini Jaiswal said: "I find this move very strange. A person should be
mature enough to take the responsibility of the girl and at the age of 18 years
a person is not technically and educationally sound to take this bold step in
life."
According to some, the move would lead to legalising child marriages in future.
"If the commission can lower the age of marriage for boys to 18, then the time
is near when child marriages will be made legal," said Ashish Kulshrestha, a
criminal lawyer.
