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BJP leader files petition in SC seeking transfer of cases regarding age of marriage

A petition has been filed by lawyer and Bharatiya Janata Party (BJP) leader, Ashwini Kumar Upadhyay, before the Supreme Court seeking its direction to transfer all pending petitions, with respect to those cases involving uniform minimum age of marriage for men and women, before various state High Courts to the Apex Court.

ANI | New Delhi | Updated: 22-10-2020 23:18 IST | Created: 22-10-2020 23:18 IST
BJP leader files petition in SC seeking transfer of cases regarding age of marriage
Supreme Court of India. [File image]. Image Credit: ANI

A petition has been filed by lawyer and Bharatiya Janata Party (BJP) leader, Ashwini Kumar Upadhyay, before the Supreme Court seeking its direction to transfer all pending petitions, with respect to those cases involving uniform minimum age of marriage for men and women, before various state High Courts to the Apex Court. The petitioner, Ashwini Kumar Upadhyay, had filed the petition before the Supreme Court through his lawyer and also Advocate on Record (AOR) Ashwani Kumar Dubey, seeking uniform minimum age of marriage for men and women.

The petition stated that in order to avoid the multiplicity of litigations and conflicting views on the interpretation of Articles 14, 15, and 21 of the Indian Constitution, the Apex court should transfer all PILs pending before the Delhi, Rajasthan and other High Courts to itself. The Supreme Court should also consider the fact and the judgments on gender justice and gender equality in the case, the petition stated.

The petitioner's lawyer, Ashwani Dubey, in his petition, moved in the Apex Court challenged the blatant ongoing discrimination against women, saying that it is discriminatory. "The minimum age of marriage for men and women should be decided by the Court," lawyer, Dubey, stated in his petition for his client, Upadhayay.

While men are permitted to get married at the age of 21, women are married, when they are just 18. The distinction is based on patriarchal stereotypes, and has no scientific backing, perpetrates inequality against women, and goes completely against the global trends, the petition claimed. The petitioner has also in his petition pleaded to the Apex Court to direct the Union of India (UOI) to take appropriate steps to remove the anomalies in the minimum age of marriage of men and women and make it 'gender-neutral.' (ANI)


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