The Phulmoni Dasi rape case was a case of child marriage and subsequent

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 vi ...

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 of the Indian Penal Code, introduced in 1860, sex with one's own wife was not considered as rape. As Phulmoni was of legal age and married to Maiti, he was sentenced to 12 months of hard labor. The case is known as ''Empress v. Hari Mohan Maiti''.

Reforms

On 9 January 1891, the Viceroy of India, Lord Lansdowne presented a bill before the

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 ...

, which was then headed by

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 wh ...

, called the "Age of Consent". It sought to amend Section 376 of the Indian Penal Code. Previously, the age of consent had been set at 10 in 1860. After the bill was passed on 29 March 1891, the Section 376 included sex with a girl under 12 even if the person is the wife of the perpetrator, as rape.

References

{{Rape in India 1890 in India 1891 in India 1889 in India Rape in India Marital rape Incidents of violence against girls