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Forever young

No marriage before 18, says Law Commission. But men needn8217;t wait till 21

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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.

As societies change, so must the protections and freedoms legally enshrined for its young. But some issues remain prickly. Take the voting age. In the late 8217;80s it was lowered from 21 to 18. By that one action, many believe, India8217;s intoler-ance of incumbency was consolidated. Perhaps this explains why last year a large number of Iranian legislators tried to increase the age of voting in their country from 15 to 18. And this yearning of the young for change explains why surveys in the US show that Barack Obama gets more votes in the sub-30 age group than Hillary Clinton. That is why many pro-Obama Americans are asking for the voting age to be 16. Perhaps in their proposed grand bargain, Washington and Tehran could discuss this.

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