Phulmoni Dasi Rape Case
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Phulmoni Dasi Rape Case
The Phulmoni Dasi rape case was a case of child marriage and subsequent marital rape in India in 1889, which resulted in the death of the 10-year-old girl, Phulmoni Dasi. The case led to the conviction of the husband in 1890 and triggered several legal reforms. Although the autopsy report clearly indicated an injured vagina as the cause of death, the husband was later acquitted of the rape charge because laws on rape excluded marital rape from the purview of punitive law was completely exempted. Events Phulmoni Dasi was a ten-year-old Bengali girl with a 30-year-old husband named Hari Mohan Maiti. She died after her husband tried to consummate their marriage. Trial The case went to trial in the Calcutta Sessions Court on 6 July 1890. The girl's mother provided testimony against the husband. The husband was convicted under Section 338 of the Indian Penal Code for "causing grievous hurt by act endangering life or personal safety of others". Under an exception clause in Section 375 o ...
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Child Marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child. * * * * The vast majority of child marriages are between a female child and a male adult, and are rooted in gender inequality. Although the age of majority (legal adulthood) and marriageable age are usually designated at age 18, both vary across countries, and therefore the marriageable age may be older or younger in a given country. Even where the age is set at 18 years, cultural traditions may override legislation and many jurisdictions permit earlier marriage with parental consent or in special circumstances, such as teenage pregnancy. Child marriage violates the rights of children and has long-term consequences for both child brides and child grooms. For child brides, in addition to mental health issues and lack of access to education and career opportunities, these include adverse health effects as a result of ...
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Marital Rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue ...
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Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. After the partition of the British Indian Empire, the Indian Penal Code was inherited by India and Pakistan, where it continues independently as the Pakistan Penal Code. After the independece of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (mo ...
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Viceroy Of India
The Governor-General of India (1773–1950, from 1858 to 1947 the Viceroy and Governor-General of India, commonly shortened to Viceroy of India) was the representative of the monarch of the United Kingdom and after Indian independence in 1947, the representative of the British monarch. The office was created in 1773, with the title of Governor-General of the Presidency of Fort William. The officer had direct control only over Fort William but supervised other East India Company officials in India. Complete authority over all of British territory in the Indian subcontinent was granted in 1833, and the official came to be known as the "Governor-General of India". In 1858, because of the Indian Rebellion the previous year, the territories and assets of the East India Company came under the direct control of the British Crown; as a consequence, the Company rule in India was succeeded by the British Raj. The governor-general (now also the Viceroy) headed the central government ...
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Henry Petty-Fitzmaurice, 5th Marquess Of Lansdowne
Henry Charles Keith Petty-Fitzmaurice, 5th Marquess of Lansdowne, (14 January 18453 June 1927), was a British statesman who served successively as Governor General of Canada, Viceroy of India, Secretary of State for War and Secretary of State for Foreign Affairs. In 1917, during the First World War, he wrote the "Lansdowne Letter", advocating in vain a compromise peace. A millionaire, he had the distinction of having held senior positions in Liberal and Conservative Party governments. Early years, 1845–1882 A great-grandson of British Prime Minister Lord Shelburne (later 1st Marquess of Lansdowne) and the eldest son of Henry Petty-Fitzmaurice, 4th Marquess of Lansdowne, and his wife, Emily, 8th Lady Nairne (''née'' de Flahaut), Henry Charles Keith Petty-Fitzmaurice was born in London in 1845. He held the courtesy title ''Viscount Clanmaurice'' from birth to 1863 and then the courtesy title ''Earl of Kerry'' until he succeeded to the marquessate in 1866. Upon his mother's d ...
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Council Of India
The Council of India was the name given at different times to two separate bodies associated with British rule in India. The original Council of India was established by the Charter Act of 1833 as a council of four formal advisors to the Governor-General at Fort William. The ''Governor-General in Council'' was subordinate only to the East India Company's Court of Directors and to the British Crown. In 1858 the Company's involvement in India's government was transferred by the Government of India Act 1858 to the British government. The Act created a new governmental department in London (the India Office), headed by the cabinet-ranking Secretary of State for India, who was in turn to be advised by a new Council of India (also based in London). But this new council of India, which assisted the Secretary of state for India contained 15 members while the erstwhile council of India contained 4 members only and was referred to as Council of four. After the establishment of the Cou ...
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Andrew Scoble
Sir Andrew Richard Scoble, (1831–17 January 1916) was an English lawyer, politician and judge. Family Andrew Scoble was born in London in 1831. His father was John Scoble, an English Congregational minister and later Canadian politician who was active in the British abolitionism movement from the 1830s to the 1850s, including assisting the integration of escaped American slaves into Canada. His brother, Thomas Clarkson Scoble, was an early advocate of the Hudson Bay Railway in Manitoba. In 1863, Scoble married Augusta Hariette Nicholson. "Scoble, Right Hon’ble Sir Andrew Richard," ''The Indian Biographical Dictionary'' (1915) by C. Hayavadana Rao Education and professional life Scoble was educated at the City of London School and was called to the Bar at Lincoln's Inn in 1856. From 1870 to 1877, he served as the Advocate-General of Bombay, in which capacity he appeared regularly before the Bombay courts and served as an ''ex-officio'' member of the Bombay Legislative ...
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1890 In India
Events in the year 1890 in India. Incumbents * Empress of India – Queen Victoria * Viceroy of India – Henry Petty-Fitzmaurice, 5th Marquess of Lansdowne Events * National income - 5,190 million Law *Charitable Endowments Act *Revenue Recovery Act *Guardians and Wards Act *Prevention Of Cruelty To Animals Act *Indian Railways Act Births *A. R. Krishnashastry, writer, researcher and translator (died 1968). Deaths References India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ... Years of the 19th century in India 1890 in Asia 1890s in India {{India-year-stub ...
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1891 In India
Events in the year 1891 in India. Incumbents * Empress of India – Queen Victoria * Viceroy of India – Henry Petty-Fitzmaurice, 5th Marquess of Lansdowne * The Queen of The Green River *14 April – B. R. Ambedkar, nationalist, jurist, Dalit political leader and a Buddhist revivalist (d.1956). Events * National income - 5,304 million Law *Easements Act *Bankers Books Evidence Act *Mail Ships Act (British statute) *Coinage Act (British statute) References India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ... Years of the 19th century in India {{India-year-stub ...
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1889 In India
Events in the year 1889 in India. Incumbents * Empress of India – Queen Victoria * Viceroy of India – Henry Petty-Fitzmaurice, 5th Marquess of Lansdowne Events * National income - 4,769 million Law *Code Of Criminal Procedure *Commissioners For Oaths Act (British statute) *Interpretation Act (British statute) Births * 2 February – Rajkumari Amrit Kaur, freedom fighter, social activist and Health Minister (d.1964). * 1 April – Dr Keshav Baliram Hedgewar, founder of the Rastriya Swayamsevak Sangh (RSS) (f.1925), social reformer and political activist. * 14 November – Jawaharlal Nehru, politician and 1st Prime Minister of India (d.1964). Full date unknown * Keshavrao Date, actor (d. 1971). * Amar Nath Kak, lawyer and author (d. 1963). Sports *Mohun Bagan A.C. is formed References India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, ...
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Rape In India
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147(nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 - the legal age of consent - stood at 10%. India has been characterised as one of the "countries with the lowest per capita rates of rape". The government also classifies consensual sex committed on the false promise of marriage as rape. The willingness to report rapes have increased in recent years, after several incidents received widespread media attention and triggered local and nationwide public protests. This led the government to reform its penal code for crimes of rape and sexual assault. According to NCRB ...
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Marital Rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue ...
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