Modern History : Socio-Religious Reform Movements In 19th-Century India
UPSC CSE Prelims 2020
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The Rakhmabai case, spanning from 1884 to 1888, was a significant legal dispute in colonial India that primarily revolved around the issues of restitution of conjugal rights and the age of consent. Rakhmabai was married at the age of 11 but chose not to cohabit with her husband, Dadaji Bhikaji, and continued to live with her stepfather while pursuing education. Her husband subsequently filed a suit for the restitution of conjugal rights, a legal provision compelling a spouse to return to marital cohabitation. Rakhmabai's refusal to comply led to a landmark legal battle.
This case brought to the forefront the challenges associated with child marriage and women's agency within marital structures. It significantly contributed to the public and legislative discourse that culminated in the enactment of the Age of Consent Act of 1891, which raised the age of consent for girls from 10 to 12 years. Therefore, the case directly involved both the 'Age of consent' (2) and 'Restitution of conjugal rights' (3).
Statement 1, 'women's right to gain education', was not the central legal issue of the Rakhmabai case. While Rakhmabai herself was educated and later became a pioneering female doctor, the legal proceedings were not initiated or contested on the grounds of her right to education. The core of the dispute was her refusal to cohabit with her husband and the husband's demand for restitution of conjugal rights.