Minority and Majority
Age of Majority
Indian Majority Act, 1875
The Indian Majority Act, 1875 provides the general rule for determining when an individual is considered to have attained majority.
Key Provision:
- Section 3 of the Act states that an individual attains majority upon completion of 18 years of age.
- If a guardian of the minor's person or property has been appointed by the Court, the age of majority is extended to 21 years.
Application: This Act applies to all persons in India unless a specific personal law prescribes a different rule, particularly in the case of marriage or guardianship.
Puberty as the Age of Majority for Certain Purposes
Under Muslim Law, the age of majority is closely linked to the attainment of puberty, especially in matters like marriage, dower, and guardianship.
Presumption under Muslim Law:
- Puberty is generally presumed to be attained at the age of 15 years, unless proved earlier.
- On reaching puberty, a person is deemed capable of contracting a marriage or managing property (under certain circumstances).
Judicial View: Courts often reconcile both laws—using 18 years as majority for legal transactions and 15 years for religious or personal matters like marriage in Muslim law.
Example: Can a 15-year-old Muslim girl marry without parental consent?
Answer:
Yes, under Muslim personal law, a girl who has attained puberty (presumed at 15) can legally marry without guardian’s consent. However, the marriage can be annulled before the age of 18 under the Dissolution of Muslim Marriages Act, 1939.
Status of a Minor
Incapacity to Contract or Enter into Marriage
A minor is considered to lack full legal capacity to enter into binding legal relationships under general and personal laws.
1. Incapacity to Contract:
- Under the Indian Contract Act, 1872, a contract entered into by a minor is void ab initio (invalid from the beginning).
- Minors cannot be held liable under a contract, although they may benefit from it.
2. Incapacity to Marry:
- According to Muslim Law, a minor who has not attained puberty cannot contract marriage on their own.
- However, their guardian (wali) may enter into a marriage on their behalf (this is known as Jabr).
- The minor, after attaining puberty, has a right of option of puberty (Khyar-ul-bulugh)—i.e., the right to repudiate the marriage contracted by the guardian.
3. Judicial Supervision: In all such matters, Indian courts prioritize the welfare of the child and often intervene when marriage or contracts affect minors adversely.
Example: Is a minor boy’s marriage under Muslim Law valid?
Answer:
Yes, but only if contracted by a guardian. Upon reaching puberty, the boy can repudiate the marriage if he so chooses, provided it is done before attaining majority and before consummation.
Parental Rights and Duties towards Child
Duty of Nurture (Hizanat)
Hizanat refers to the legal right of custody of children under Muslim Law, primarily concerning the child's care and nurturing during formative years.
Key Principles:
- The right of custody is not an absolute right of the parents but is subject to the welfare of the child.
- Mother's Right (Sunni Law): Custody of male child up to 7 years and female child till puberty.
- Mother's Right (Shia Law): Custody of male child up to 2 years and female child up to 7 years.
- After the mother’s term expires, the right passes to the father or other paternal relatives in order of preference.
Loss of Custody: A mother may lose custody if she remarries someone not related to the child, leads an immoral life, or is negligent.
Example: Who has the custody of a 5-year-old girl after divorce under Sunni Law?
Answer:
Under Sunni Law, the mother retains custody of a girl child until she reaches puberty. Hence, the mother will have custody of the 5-year-old girl, provided she is not disqualified.
Duty of Education
Parents have a moral and legal responsibility to provide proper education to their children, including both religious and secular instruction.
Islamic Perspective:
- The Prophet Muhammad emphasized seeking knowledge as a duty of every Muslim—male and female.
- Parents are expected to ensure the child receives religious teachings (Quran, prayer, ethics) from an early age.
Modern Indian Legal View:
- Article 21A of the Constitution makes free and compulsory education a fundamental right for children aged 6–14 years.
- The Right of Children to Free and Compulsory Education Act, 2009 imposes duty on parents to send children to school.
Example: Are Muslim parents bound by law to educate their child in a formal school?
Answer:
Yes, under Indian law, all parents regardless of religion are legally bound to ensure children receive formal education as per Article 21A and RTE Act, 2009.
Duty of Maintenance
The duty to maintain a child includes providing for food, clothing, shelter, healthcare, and basic needs. In Muslim Law, this duty primarily falls upon the father.
Key Aspects:
- The father is bound to maintain:
- Sons until they attain majority (or complete education if not earning)
- Daughters until they get married (or become self-sufficient)
- The mother is not legally obligated to maintain children, though she may voluntarily contribute.
Legal Provisions in India:
- Section 125 CrPC: Applicable to all religions; allows a child (legitimate or illegitimate) to claim maintenance from the father.
Example: Can a 20-year-old daughter claim maintenance from her father?
Answer:
If she is unmarried and not earning, yes. Under Muslim Law and CrPC, she can claim maintenance until marriage or financial independence.