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The law Commission of India noted that uniform civil code can wait but the majority of ages of men and women must be equal that is eighteen years if equality is to be realised. If a person can elect government at the age of 18 then he can elect his spouse too. Amending these personal laws on these lines would prevent child marriages, remove inequality based on discrepancy. Minority ages of 18 for women and 21 for men confirm to the stereotype mentality that wife should be younger to the husband. Such a confinement of the mind must be abolished.
The panel said while a marriage between a 16 year old girl and a 18 year old boy is valid under the Hindu law but voidable, the Muslim law in India recognises the marriage of minor girls. The Special Marriage Actb1954 lays down that the minimum age of a girl must be 18 and boy 21. Yet under sections 11 and 12 of the same act, when the age requirement is not met, the marriage is neither void nor voidable. The violations attract finds. The Prohibition of Child Marriage Act 2006 deemed a marriage voidable where one or more partners were minors. Under the Medical Termination of Pregnancy Act, the consent of husband is required. The report noted that when the husband himself was a minor, such consent stands vitiated.
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