INTRODUCTION
In India, you are officially an adult at 18 years old, according to Section 3, Indian Majority Act[1]. This means a lot of significant changes: you can open bank accounts, get a driver’s license, and even vote. If you commit a crime, you can be tried as an adult. However, it is not a complete open door to all adult freedoms, especially regarding social norms. For all genders, there are still restrictions on things like marriage and drinking, even if you are 18. There is fascinating complexity in how the law defines adulthood versus how society views it.
The legal age for driving under Section 4 of the Motor Vehicles Act[2] and voting under The Constitution of India[3] is 18, respectively. Consent for sexual relations is also at 18 years, as per Section 2(d) of POCSO (Protection of Children from Sexual Offences) Act[4]. So the question is “If a person is said to attain majority at the age of 18 years irrespective of their gender, then why is legal age for subjects like marriage and adoption different for different genders?”, “When a person at the age of 18 years is considered mature enough to work in the film industry or to enter into a contract or start his/her own business, then why are they not considered eligible for certain other tasks at the same age?[5]“
ALCOHOL CONSUMPTION
In Maharashtra, alcohol consumption laws are inconsistent and often confuse people. For instance, there is no age limit for drinking wine. However, you must be at least 21 to drink beer and 25 or older to have spirits or other strong drinks[6]. This inconsistency exists across India, where the legal drinking age differs by state. Many are still unclear about the legal age for buying alcohol. Various state laws do not clearly state a separate age for purchasing alcohol, so it is usually assumed to be the same as the age for drinking.
This issue gained national attention after a tragic event in Pune on 19 May, when a Porsche, reportedly driven by an intoxicated minor, hit and killed two people[7]. The incident sparked a nationwide debate and discussions on social media about underage drinking and driving. Even though Indian citizens can obtain a driving license at 18 after passing tests at the Regional Transport Office (RTO), Maharashtra’s alcohol laws create a contradiction, allowing those over 18 to drink light beer while prohibiting access to more potent liquors until they are 25. These overlapping and often conflicting regulations raise concerns about enforcement, clarity, and public safety[8].
Recent studies show that people in rural areas drink more alcohol than those in urban areas. The National Family Health Survey-5, 2019-21, reports that 1% of women aged 15 and older consume alcohol, while 19% of men in the same age group do.[9]
Underage drinking is a serious problem in India, particularly in cities like Delhi[10], where the legal drinking age is 25. This high age limit often leads people to lie about their age to buy alcohol. It also puts pressure on restaurants and bars. These establishments must either enforce the law strictly, risk customer loss, or overlook it to stay in business. As a result, many young people seek alternatives in nearby areas, such as Uttar Pradesh[11], where the legal drinking age is 21[12] and getting alcohol is easier. This situation reduces the law’s effectiveness and raises questions about its practicality and enforcement.
On the other end of the spectrum, there is a growing trend in Delhi, especially among wealthy families, where parents of teenagers aged 13 to 15 allow and even encourage drinking at home. They believe that drinking under supervision is safer than having their children sneak off to bars or get alcohol illegally. Many of these parents also support lowering the legal drinking age to 18[13]. They argue that it would help them guide their children’s drinking habits responsibly and reduce the risk of early alcohol dependency. This approach shows a broader concern about balancing legal limits with practical parenting in today’s social landscape.
COMPARISON WITH MARRIAGE
Raising the legal age of marriage can help address more profound gender inequalities, especially for young girls. One noteworthy benefit is that it can stop girls from leaving school early for marriage, which often cuts short their education and limits future opportunities. It also lowers health risks linked to early pregnancies, such as higher rates of maternal and neonatal mortality. Importantly, girls who marry young are usually not physically or emotionally prepared for the responsibilities of motherhood.
Even with legal protections, many girls in India still marry before turning 18, and the situation has worsened during the Covid-19 pandemic, which amplified existing vulnerabilities. In almost every socio-economic area, women continue to fall behind men.[14] Raising the legal age of marriage is more than just a legal change; it is a broader strategy aimed at tackling deep-rooted gender inequalities and giving young women a better chance at education, health, and personal growth.[15]
As of 1921, about 218,000 girls were married below the age of five, and about 8,500,000 were married before the age of fifteen. The Prohibition of Child Marriage (Amendment) Bill, 2021[16], suggests raising the minimum legal age for women to marry from 18 to 21. If this Bill were passed, it would be legal to have sexual relations but illegal to marry for those between the ages of 18 and 21 years. Note that this is the current status for males, since women are allowed to marry at 18.[17]
The Supreme Court’s 2018[18] ruling that decriminalized Section 377 of the IPC highlights a legal contradiction regarding age and rights. While consensual sex between adults is recognized as a fundamental right, males aged 18 to 21 can engage in sexual relationships but are prohibited from marrying until they turn 21.
CONCLUDING REMARKS
India’s legal system shows a complicated view of adulthood, with different minimum age criteria for various rights and responsibilities. For example, people can vote, drive, and sign contracts at 18. They are also held criminally responsible at this age. However, there are differences when it comes to marriage; the legal age is 18 for women and 21 for men. Also, the legal drinking age is set at 25.
The above inconsistency creates confusion among young adults navigating societal expectations and legal constraints. Many experience pressure from family, cultural norms, and peer influences, which can complicate their pursuit of personal autonomy. There is a growing need for a more coherent and unified definition of adulthood in India. Such change is vital for legal consistency and fostering the nation’s youth’s mental, emotional, and social well-being.
Author(s) Name: Rucha Ganu (Symbiosis Law School, Pune)
References:
[1] The Indian Majority Act 1875, s. 3
[2] The Motor Vehicles Act 1988, s. 4
[3] The Constitution Sixty-First Amendment Act 1988
[4] The Protection of Children from Sexual Offences Act 2012, s 2(d)
[5] Suhani Dhaka, ‘Legal Age for Everything in India’ (Jus Scriptum, 13 September 2024) <https://www.jusscriptumlaw.com/post/legal-age-for-everything-in-india > accessed 18 July 2025
[6] Bombay Prohibition Act 1949, s 18 and r 70D
[7] Asseem Shaikh, ‘Pune Porsche crash: Adult or juvenile? One year on, no decision yet on teen driver’s trial’ Times of India (Pune, 19 May 2025) <https://timesofindia.indiatimes.com/city/pune/an-adult-or-juvenile-no-decision-yet-on-pune-porsche-teens-trial/articleshow/121254565.cms> accessed 22 July 2025
[8] ‘Legal drinking age differs in most states: Did you know it’s 18 years in Goa and 21-25 in Maharashtra? Check details’ CNBCTV18 (24 May 2024) <https://www.cnbctv18.com/photos/india/legal-alcohol-drinking-age-differs-in-most-states-did-you-know-its-18-years-in-goa-and-25-years-in-maharashtra-check-details-19416739.htm> accessed 22 July 2025
[9] ‘Alcohol consumption in India: trends across states, age groups’ The Indian Express (New Delhi, 17 May 2022) <https://indianexpress.com/article/explained/alcohol-consumption-in-india-trends-across-states-age-groups-7920871/> accessed 22 July 2025
[10] Delhi Excise Act, 2010 s. 23 and Delhi Liquor License Rules 1976
[11] United Provinces Excise Act 1910, s 23
[12] Sweta Goswami, ‘Old drinking age despite new excise policy in place’ Hindustan Times (20 January 2022) <https://www.hindustantimes.com/cities/delhi-news/old-drinking-age-despite-new-excise-policy-in-place-101642630447547.html> accessed 22 July 2025
[13] Gayathri Sai Pisupati, ‘Uniformity in Legal Drinking Age Across India: A Necessity’(2023) 3(2) Jus Corpus Law Journal <https://www.juscorpus.com/wp-content/uploads/2023/01/115.-Gayathri.pdf> accessed 22 July 2025
[14] K Suresh, ‘Raising Legal Age of Marriage for Women: The Law, The Reasons and The Criticism’ (2022) 4(2) Acta Scientific Women’s Health <https://actascientific.com/ASWH/pdf/ASWH-04-0331.pdf> accessed 22 July 2025
[15] Domenico Francavilla, ‘Interacting Legal Orders and Child Marriages in India’ (2011) 19(2) American University Journal of Gender Social Policy and Law <https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1514&context=jgspl> accessed 22 July 2025
[16] The Prohibition of Child Marriage Amendment Bill 2021
[17] Prachee Mishra and Shashank Shrivastava, ‘The Prohibition of Child Marriage (Amendment) Bill, 2021’ (PRS Legislative Research, 30 March 2022) <https://prsindia.org/files/bills_acts/bills_parliament/2021/PCMB’21%20Brief.pdf> accessed 22 July 2025
[18] Navtej Singh Johar and Ors. v Union of India and Ors MANU/SC/0947/2018
