·The Hindu·15 marks·250–350 wordsPolity

Examine the case for and against a Uniform Civil Code in the specific context of marriageable age across religious communities in India.

In this answer
  1. The case for uniformity
  2. The case against

Article 44 directs the State to secure a Uniform Civil Code (UCC), and marriageable age is where the gap between secular statute and personal law is sharpest — the Prohibition of Child Marriage Act (PCMA), 2006 fixes 18 (female) and 21 (male), while uncodified Muslim personal law treats puberty as marital competence.

The case for uniformity

  • Equality before law: identical criminal liability for the same act cannot depend on faith; the Allahabad High Court (July 2026) held the child-marriage ban applies to all religions, overriding puberty-based marriage [3].
  • Child protection over custom: PCMA read with POCSO, 2012 treats an under-18 bride as a child; the pending 2021 Amendment Bill expressly provides that it overrides any other law, custom, usage or practice [1].
  • Ends judicial confusion: divergent High Court rulings leave police and Child Marriage Prohibition Officers without a settled rule, weakening enforcement [3].
  • Gender justice: uniform age advances Article 15(3) and SDG 5.3 on eliminating child marriage.

The case against

  • Religious freedom: Article 25 protects practice; the Shariat Application Act, 1937 recognises personal law, and coercive uniformity risks alienating minorities.
  • Uniformity ≠ enforcement: the female minimum has been 18 since 1978, yet roughly 23% of women aged 20–24 were married before 18 — poverty, dowry and low schooling, not law, drive the practice [1].
  • Autonomy concern: raising the female age to 21 while majority remains 18 restricts adult choice and may push marriages underground [1].
  • Process: the Law Commission's continuing public consultation shows a UCC needs consensus-building, not imposition [2].

Uniform marriageable age is best achieved not by a sweeping code but by consistent enforcement of PCMA/POCSO, backed by an authoritative Supreme Court ruling settling statute–personal law primacy. Codifying child protection while preserving religious diversity elsewhere reconciles Article 25 with Articles 15(3) and 21 — the incremental route Article 44 realistically demands.

Sources

  1. 1The Prohibition of Child Marriage (Amendment) Bill, 2021 — PRS Legislative Researchstatutory ages, override clause, annulment window, 23% married-before-18 figure, autonomy concern
  2. 2Law Commission of India solicits views on Uniform Civil Code, PIBongoing consultative process on UCC
  3. 3"HC upholds uniform legal marriage age for all religions", The Hindu, 8 July 2026 (link unverifiable at time of writing) — Allahabad HC ruling and divergent High Court views
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