
For more than a hundred years, the law has been a key instrument in empowering Indian women. Among other legislation, the ages of sexual consent and of marriage have been repeatedly amended to ensure their physical well-being as well as to gain them the independence to make life8217;s decisions. It must remain a regret that newly independent India could not overcome orthodox resistance to pass all the proposed amendments to personal laws in the 1950s. In the decades since, much has been done legislatively to make laws of inheritance and marriage more gender-neutral 8212; but this has been slow and incremental. Therefore the Law Commission8217;s fresh recommendations for changes in the age of marriage and sexual consent should not be just speedily implemented. These changes must be undertaken as part of a comprehensive reform in finding a good balance of rights and protections for young adults.
The Law Commission recommends that any marriage in which the man or woman is under the age of 18 be legally void. At present, the law does not make such marriages invalid, though in letter only women below 18 and men below 21 can get married. Also, the commission seeks to raise the age of consensual sex for women from 15 to 16. The mandate of the commission to recommend changes was limited to reporting on the Prohibition of Child Marriage Act 2006 and related laws.