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Suhani Dhaka,
Vivekananda Institute of professional studies
Introduction
After attaining a certain age people are capable of doing a specific task while understanding its nature. Legal age helps to determine whether a person has the capacity to form his or her own opinion. It can also be said that legal age is the minimum age required for a person to understand the consequences of his or her act. In other words legal age can be said to be an age of maturity. India has a fixed as well as flexible legal framework for all these concerns. In India, there are different ages specifically mentioned in different acts as to what the minimum legal age according to that act is.
Different Legal Age Requirements
In India, basic age of majority under Indian Majority Act, 1875 is 18 years. According to this act individuals are said to be capable of making decisions independently with understanding the nature and consequences of their acts. But would it be justified to keep the same legal age for every other subject? Legal age for Driving and as well as Voting is 18 years for all under Motor Vehicles Act and The Constitution of India respectively. Not only these acts but also under POCSO (Protection of Children from Sexual Offences) 18 years has been considered to be legal age of consent for sexual relations. So the question is “If a person is said to attain majority at the age of 18 years irrespective of their gender then why is legal age for subjects like marriage and adoption different for different genders?”, “When the person at the age of 18 years is considered mature enough to work in a film industry or to enter into a contract or start his/her own business then why are they not considered eligible for certain other tasks in the same age?”
Legal age for Marriage
In India, legal age for marriage is different for men and women. For men the legal age required for marriage is 21 years whereas for women it is 18 years. This difference is rooted in cultural and historical factors related to the institution of marriage. There are different arguments as to why this happens. Some say it is because women mature earlier than men whereas some say it is because of the “gender roles” that existed in primitive and patriarchal society. In the modern times, is there any need for continuation of old regimes?
Considering the evolutionary nature of law, we must not forget the legal consideration that now has been given to the third gender through the case of NALSA vs. Union of India 2014. Though right to marriage is a fundamental right still there is no provision as the legal age for marriage for third gender community. Supreme Court has provided a legal recognition to third gender community and yet no provision for legal age has been incorporated. What should be the age of marriage for third gender, 18 years or 21 years? Even the legal age for adopting a child is common for both the genders that s 25 years then why not the legal age for marriage?
Legal age for Employment
Our constitution under article 24 clearly prohibits the employment of children under the age of 14 in hazardous occupations or industries. Even under the Child Labour (Prohibition and Regulation) Act, 1986, the legal age for employment in non-hazardous occupation 14 years. Therefore up to 14 years of age a person cannot be employed in either hazardous or non-hazardous occupation and children from 14-18 years of age are eligible to be employed in non hazardous work. Legal age for employment has been differentiated from others because of the socio-economic realities. According to research by the State Bank of India, released in February 2024, the poverty rate in the country fell to 4.5-5 percent in 2022-23. In some low-income families children are the contributors to the family income whereas in some they are the sole bread earners. Another major factor for setting the legal age for employment in non-hazardous occupation at 14 years is the educational framework. According to the Right of Children to Free and Compulsory Education Act, 2009, free education ends at the age of 14 years leading to early employment of certain class of children.
Conclusion
In a legal framework like India, it would not be rationale to make one common legal age for everything. There are various areas where minimum age requirements differ from 18 to 25 years of age. For proper functioning and implementation of law, the minimum legal age requirement must be made with respect to what it is required for. There are subjects with legal age above 18 years. Subjects like owning a gun and purchasing tobacco have 21 years as the legal age because of the nature of act and also in order to promote healthy lifestyle. Aspect like Consumption of Alcohol falls under the state list under 7th schedule of our constitution and thus regulated by the state governments. These varied legal age requirements provide a framework for maintaining and protecting law and order in the country.
References
·Poverty rate available at, https://www.forbesindia.com/article/explainers/poverty-rate-in-india/90117/1#:~:text=Current%20Poverty%20Rate%20in%20India,5%20percent%20in%202022%2D23, last visited on 2 September 2024
·Age of Majority available at, https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00038_187509_1523269774430§ionId=44325§ionno=3&orderno=3#:~:text=(1)%20Every%20person%20domiciled%20in,eighteen%20years%20and%20not%20before, last visited on 2 September 2024
·Minimum age for marriage available at, https://www.drishtiias.com/pdf/1597658036-minimum-age-of-marriage-for-girls.pdf, last visited on 3 September 2024
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