The Supreme Court issued a notice on petition, seeking to transfer the pending cases before the Rajasthan and Delhi High Courts which sought uniform marriage age for men and women.
A Bench headed by Chief Justice of India issued a notice based on a petition filed by Ashwini Upadhya, which seeks to transfer the pending cases in the High Court to the Supreme Court.
The plea has been filed in order to avoid multiplicity of cases and ensure there is no conflicting interpretation of the Constitution.
The petition has stated that the marriage age, being 18 for women and 21 for men is based on patriarchal stereotypes and has no scientific backing. It has also stated that such a difference is against equality and also violates global trends.
The petition also highlighted the various legislations which have contributed towards the discrimination.
It was further stated that there is an obligation to bring equality on the basis of the Convention on the Elimination of All Forms of Discrimination Against Women which have been ratified.
The petition also highlighted that these provisions are arbitrary and discriminatory against one class of people,thereby violating Article 14,15 and 21 of the Indian Constitution.
The petition stated that since similar petitions have been filed in both Rajasthan and Delhi High Courts, it might lead to conflicting opinions and judgements and therefore it would be best for the the top court to interpret such important decisions.
The petition has also sought for directions to the Central Government to take appropriate steps to ensure gender equality.