Another concern is that women currently of legal age of 18 have been forced to marry by their families against their will or have not been allowed to be with those they loved and wanted to marry. However, as the legal age is now 21, girls will not be able to marry as soon as possible after their choice, and they will be forced to live with their controlling and intrusive families for an extended period of time. This time could also be abused by patriarchal families to restrict and control their activities. In this context, there is also no guarantee that raising the legal age limit will enable more families to provide education for girls. The age of marriage is 18 in all European countries except Andorra and Scotland, where it is 16 (for both sexes). Existing exceptions to this general rule (which generally require special judicial or parental consent) are discussed below. In both the European Union and the Council of Europe, the age of marriage is the responsibility of each member State. The Istanbul Convention, Europe`s first legally binding instrument in the field of violence against women and domestic violence[201], obliges countries that ratify it only to prohibit forced marriages (Article 37) and to ensure that forced marriages can be easily lifted without further victimisation (Article 32), but does not mention a minimum age for marriage. Interestingly, in 2018, the Law Commission proposed that 18 should be the minimum legal age for marriage between men and women. The panel states: “If a universal age is recognized for a majority and it gives all citizens the right to choose their government, surely they must also be able to choose their spouse.” Delaware, Pennsylvania, Minnesota, Rhode Island,[21] New York, and New Jersey do not allow underage marriage.
Other states allow a minor to marry in the following circumstances: a ketannah (literally “little [one]”) was a girl between the ages of 3 and 12 plus a day; [281] She was under the authority of her father and he could arrange the marriage for her without her consent. [281] However, after reaching the age of majority, she would have to consent to the marriage in order to be considered married. [282] [283] In recent years, the trend has been to adjust the general age of marriage downwards and to raise the age of women to that of men. In 1971, about 80 percent of states had a general age of marriage of 18 for women, while for men, the general age of marriage was 21 in about 85 percent of states. [1] With the minimum age of marriage of 21, a woman is better able to defend herself mentally, physically and financially when she is pressured or abused by her family for marrying early or marrying against her will. Teenage pregnancies are associated with a high risk of complications during pregnancy and childbirth, which is life-threatening for both the child and the mother. Therefore, raising the legal age of marriage will help reduce maternal mortality and will also have a positive impact on women`s mental health. For example, young couples sometimes run away from home to get married, hoping to avoid harassment and emotional blackmail from family members.
And if they are over 18, their decision to marry is legally valid and cannot be appealed by the parents. Many senior clerics in Saudi Arabia have spoken out against setting a minimum age for marriage, arguing that a girl reaches adulthood during puberty. [293] On a hot August afternoon, Punam Mitharwal, 16, took a routine university test and went to the nearest post office in his northern Indian town of Hisar to send special mail. It was a short letter in Hindi on a postcard to Indian Prime Minister Narendra Modi. She accompanied half a dozen of her friends, each with a similar letter. They all contained a specific demand, namely the raising of the legal age of marriage for girls to 21. However, she is not alone, in India, thousands of people are forced to marry at an early age. Sometimes violently, against their will, apparently to ward off bad influences or not to miss the opportunity to get a “perfect” game. In contrast, when girls under 18 flee, parents often use India`s child marriage law for revenge, according to a report by the Legal Resource Group Partner for Law in Development. The report noted that most prosecutions under the law are cases brought by parents against their daughters` romantic relationships with a person of their choice – for example, criminal proceedings against the girl`s husband. There are three types of age of marriage: (1) the general age of marriage, (2) the minimum age of marriage set by law, and (3) the minimum age of marriage set by law. There are three types of laws that set the minimum age for marriage: (1) the minimum age with parental and judicial or judicial consent, (2) the minimum age with parental consent, and (3) the minimum age without parental consent.
According to experts, the pressure to raise girls in poor families until the age of 21 will increase the rate of sex-selective abortion in the country. The fear of rape or running away will also be great because of the proposed law, especially in rural areas. Child marriage is harmful. It is a human rights violation that legitimizes abuses and denies girls` autonomy. When girls are forced into marriage, they are essentially exposed to state-sanctioned rape and risk increasing domestic violence, forced pregnancies, and negative health consequences while being denied education and economic opportunities. Equality Now and its partners have committed to setting the minimum age of marriage at 18, without exception. In the 12th century, the canonical lawyer Gratian stated that consent to marriage could not be given before the age of 12 for women and 14 for men; And consent to the commitment could not be given before the age of 7 for women and men, because this is the age of reason.