Rukhmabai (22 November 1864 – 25 September 1955) was an Indian
physician
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
and
feminist
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
. She is best known for being one of the first practicing women doctors in
colonial India
Colonial India was the part of the Indian subcontinent that was occupied by European colonial powers during the Age of Discovery. European power was exerted both by conquest and trade, especially in spices.
The search for the wealth and prosper ...
as well as being involved in a landmark legal case involving her marriage as a
child bride between 1884 and 1888. The case raised significant
public debate
:''for debate among the public, see Public sphere''
Public debate may mean simply debating by the public, or in public. The term is also used for a particular formal style of debate in a competitive or educational context. Two teams of two compe ...
across several topics, which most prominently included
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
vs
tradition
A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
,
social reform
A reform movement or reformism is a type of social movement that aims to bring a social or also a political system closer to the community's ideal. A reform movement is distinguished from more radical social movements such as revolutionary move ...
vs
conservatism
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...
and
feminism
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
in both
British-ruled India and
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
. This ultimately contributed to the ''
Age of Consent Act'' in 1891.
Early life
Rukhmabai was born to Janardhan Pandurang and Jayantibai in a
Marathi
Marathi may refer to:
*Marathi people, an Indo-Aryan ethnolinguistic group of Maharashtra, India
*Marathi language, the Indo-Aryan language spoken by the Marathi people
*Palaiosouda, also known as Marathi, a small island in Greece
See also
*
* ...
family. Her father passed away when she was aged two and her mother seventeen. Six years after her husband's demise, Jayantibai married the widower
Sakharam Arjun
Sakharam Arjun (sometimes Sakharam Arjun Ravut in official documents but he did not use the caste-linked surname in publications) (1839-16 April 1885) was an eminent physician and social activist in Bombay. An expert on Indian medicinal plants, h ...
, an eminent physician and social activist in Bombay. Remarriage of widows was permitted among the ''
Suthar'' (carpenter) community - the caste to which Rukhmabai's mother belonged.
Two and a half years later, 11-year-old Rukhmabai was married to the 19 year old Dadaji Bhikaji, a cousin of her step-father. It was agreed that deviating from the contemporary social norms, Dadaji would stay with Rukhmabai's family as a ''
gharjawai'' and be fully provided for by them. The expectation was for him to acquire education in due course and "become a good man". Six months into the marriage, Rukhmabai having reached puberty, the traditional event of ''
Garbhadhan'' was held signalling the time for ritual
consummation
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of sexual intercourse between two people, following their marriage t ...
of marriage. But Dr Sakharam Arjun, being an eminent physician of reformist tendencies, did not permit early consummation.
This displeased Bhikaji, now aged 20, who also resented the attempts of Rukhmabai's family to make him "''a good man''". In addition to his aversion for education, the compulsion to go to sixth standard of school at an age when he should have been at the university was particularly distressing. In the meanwhile, Bhikaji lost his mother and against the advise of Sakharam Arjun, took to living with his maternal uncle Narayan Dhurmaji. The environment of Dhurmaji's home pushed Bhikaji further into a life of
indolence and waywardness. He eventually accumulated
debt
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
s which he hoped to clear using the property that accompanied Rukhmabai into the house. Rukhmabai refused to move in to the household of Dhurmaji to live with Bhikaji, a decision supported by her step-father.
In contrast, in the same years Rukhmabai studied at home using books from a Free Church Mission library. Because of her father's association with religious and social reformers she also came into contact with prominent names like Vishnu Shastri Pandit, a strong proponent of women's causes in Western India at the time, along with European men and women exposing her to liberal
reformism
Reformism is a political doctrine advocating the reform of an existing system or institution instead of its abolition and replacement.
Within the socialist movement, reformism is the view that gradual changes through existing institutions can eve ...
. With her mother, she also regularly attended the weekly meetings of the
Prarthanä Samäj and Arya Mahilä Samäj.
"Restitution of conjugal rights" case by Bhikaji
In March 1884, Bhikaji sent a legal notice to Sakharam Arjun via his
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
s Chalk and Walker, asking him to desist preventing Rukhmabai from joining him. Eventually Sakharam Arjun sought legal help and via lawyers Payne-Gilbert, and Sayani provided grounds for Rukhmabai's refusal to join Bhikaji.
In 1885, the case of Bhikaji seeking "
restitution of conjugal rights In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had j ...
" titled "''Bhikaji vs. Rukhmabai, 1885''" came up for hearing and the judgement was passed by Justice
Robert Hill Pinhey
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honou ...
. Pinhey stated that English precedents on
restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court o ...
did not apply to the case as the
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
applied to consenting adults. He also found fault with the English law cases and found no precedent in
Hindu law
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nat ...
. He declared that Rukhmabai had been wed in her "helpless infancy" and that he could not compel a young lady. Justice Pinhey
retired
Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload.
Many people choose to retire when they are elderly or incapable of doing their j ...
soon after. In 1886, the case was brought up for
retrial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
. Rukhmabai's
counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
s included
J.D. Inverarity Jr. and
Kashinath Trimbak Telang
Kashinath Trimbak Telang (20 August 1850, Bombay – 1 September 1893, Bombay) was an Indologist and Indian judge at Bombay High Court.
Early life and education
Telang was born in a Gaud Saraswat Brahmin family.
At the age of five Telang was se ...
. The case drew criticisms from various sections of the society, in some cases claims that the law did not respect the sanctity of Hindu customs.
Specifically, criticism of Justice Pinhey's decision came from the ''Native Opinion'', an Anglo-Marathi weekly run by
Vishwanath Narayan Mandlik (1833–89) who supported Bhikaji. A Pune weekly run by
Balgangadhar Tilak
Bal Gangadhar Tilak (; born Keshav Gangadhar Tilak (pronunciation: eʃəʋ ɡəŋɡaːd̪ʱəɾ ʈiɭək; 23 July 1856 – 1 August 1920), endeared as Lokmanya ( IAST: ''Lokmānya''), was an Indian nationalist, teacher, and an independence ...
, the ''Mahratta'', wrote that Justice Pinhey did not understand the spirit of Hindu laws and that he sought reforms by "violent means". In the meantime, a series of articles appearing before and during the trial, in the ''Times of India'' penned under the
pseudonym
A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individua ...
''a Hindu Lady'' also caused public reactions. Later on it was revealed that the author was none other than Rukhmabai. The public debate revolved around multiple points of contention - Hindu versus English Law, reform from the inside versus outside and whether ancient customs deserved respect or not. The first appeal against the case was made on 18 March 1886 and was upheld by Chief Justice Sir Charles Sargent and Justice
L.H. Bayley. On 4 March 1887, Justice Farran, using interpretations of Hindu laws, ordered Rukhmabai to "''go live with her husband or face six months of imprisonment''". Rukhmabai responded that she would rather face imprisonment than obey the verdict. This resulted in further upheaval and social debate.
Balgangadhar Tilak
Bal Gangadhar Tilak (; born Keshav Gangadhar Tilak (pronunciation: eʃəʋ ɡəŋɡaːd̪ʱəɾ ʈiɭək; 23 July 1856 – 1 August 1920), endeared as Lokmanya ( IAST: ''Lokmānya''), was an Indian nationalist, teacher, and an independence ...
wrote in the ''
Kesari'' that Rukhmabai's defiance was the result of an English education and declared that Hinduism was in danger.
On the other hand,
Max Müller
Friedrich Max Müller (; 6 December 1823 – 28 October 1900) was a German-born philologist and Orientalist, who lived and studied in Britain for most of his life. He was one of the founders of the western academic disciplines of Indian ...
responded writing that the legal route was not the solution to the problem of Rukhmabai's case and that it was Rukhmabai's education that had made her the best judge of her own choices.
Dissolution of Marriage
After the series of court cases which resulted in the
affirmation of the marriage, she appealed to
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...
.
It has been claimed that Queen Victoria overruled the court and dissolved the marriage.
However no primary documentary evidence has been provided to support Queen Victoria's direct intervention in the case.
In July 1888, a settlement was reached with Bhikaji and he relinquished his claim on Rukhmabai for a payment of two thousand rupees. Bhikaji remarried in 1889 and Rukhmabai went on to become a widely revered feminist and medical practitioner.
Influence on Age of Consent Act, 1891
The case generated a great deal of debate both within India and England. It drew written commentaries from reformers like
Behramji Malabari
Behramji Merwanji Malabari (18 May 1853 – 12 July 1912) was an Indian poet, publicist, author, and social reformer best known for his ardent advocacy for the protection of the rights of women and for his activities against child marriage.Chis ...
(1853-1912),
Balgangadhar Tilak
Bal Gangadhar Tilak (; born Keshav Gangadhar Tilak (pronunciation: eʃəʋ ɡəŋɡaːd̪ʱəɾ ʈiɭək; 23 July 1856 – 1 August 1920), endeared as Lokmanya ( IAST: ''Lokmānya''), was an Indian nationalist, teacher, and an independence ...
, journalistic opinion pieces from prominent names like
Rudyard Kipling
Joseph Rudyard Kipling ( ; 30 December 1865 – 18 January 1936)''The Times'', (London) 18 January 1936, p. 12. was an English novelist, short-story writer, poet, and journalist. He was born in British India, which inspired much of his work.
...
and broader feminist discussions in British women's magazines.
Ultimately, the publicity and debate generated by this case helped influence the enactment of the "Age of Consent Act" in 1891, which changed the age of consent from 10 to 12 years across British India.
Career
Rukhmabai received support from the likes of Dr.
Edith Pechey
Mary Edith Pechey (7 October 1845 – 14 April 1908) was one of the first women doctors in the United Kingdom and a campaigner for women's rights. She spent more than 20 years in India as a senior doctor at a women's hospital and was involved ...
(then working at the
Cama Hospital) who not only encouraged her but helped raise funds for her further education.
Other supporters included
Shivajirao Holkar
Maharajadhiraja Raj Rajeshwar Sawai Shri Sir Shivaji Rao Holkar Bahadur XII (Indore, 11 November 1859 – Maheshwar, 13 October 1908) was the Maharaja of Indore (Holkar State) belonging to the Holkar dynasty of the Marathas. He was the son of ...
who donated 500
Rupees
Rupee is the common name for the currencies of
India, Mauritius, Nepal, Pakistan, Seychelles, and Sri Lanka, and of former currencies of Afghanistan, Bahrain, Kuwait, Oman, the United Arab Emirates (as the Gulf rupee), British East Africa, B ...
for "''demonstrating courage to intervene against traditions''",
suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
activists like
Eva McLaren
Eva Maria McLaren (née Müller; 1852 – 16 August 1921) was an English suffragist, writer and campaigner. She served as Superintendent of the Franchise department of the World's Woman's Christian Temperance Union. She was actively associated wit ...
and Walter McLaren, the Countess of Dufferin's Fund for Supplying Medical Aid to the Women of India,
Adelaide Manning
Elizabeth Adelaide Manning (1828 – 10 August 1905) was a British writer and editor. She championed kindergartens. She was one of the first students to attend Girton College. Manning was active for the National Indian Association which champi ...
and others who helped establish "The Rukhmabai Defence Committee" to help gather fund towards supporting her cause of continuing education. In 1889, Rukhmabai set sail to study medicine in England.
In 1894, she received her
Doctor of Medicine
Doctor of Medicine (abbreviated M.D., from the Latin language, Latin ''Medicinae Doctor'') is a medical degree, the meaning of which varies between different jurisdictions. In the United States, and some other countries, the M.D. denotes a profes ...
from the
London School of Medicine for Women
The London School of Medicine for Women (LSMW) established in 1874 was the first medical school in Britain to train women as doctors. The patrons, vice-presidents, and members of the committee that supported and helped found the London School of Me ...
having also studied at the
Royal Free Hospital
The Royal Free Hospital (also known simply as the Royal Free) is a major teaching hospital in the Hampstead area of the London Borough of Camden. The hospital is part of the Royal Free London NHS Foundation Trust, which also runs services at Barn ...
. Doctors
Kadambini Ganguly
Kadambini Bose Ganguly (18 July 1861 – 3 October 1923) was one of the first Indian female doctors who practised with a degree in modern medicine. She was the first Indian woman to practice medicine in India. Ganguly was the first woman to gai ...
and
Anandi Gopal Joshi were the first Indian women to have received medical degrees in 1886. But only
Dr. Ganguly went on to practice medicine, making Rukhmabai the second woman to both receive a medical degree and practice medicine.
In 1895, she returned to India and worked as the Chief
Medical Officer
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
at the Women's Hospital in
Surat
Surat is a city in the western Indian state of Gujarat. The word Surat literally means ''face'' in Gujarati and Hindi. Located on the banks of the river Tapti near its confluence with the Arabian Sea, it used to be a large seaport. It is now ...
. In 1918, she turned down the offer of a role in the
Woman's Medical Service, opting instead to work at the
Zenana
Zenana ( fa, زنانه, ur, , bn, জেনানা, hi, ज़नाना) literally meaning "of the women" or "pertaining to women", in Persian language contextually refers to the part of a house belonging to a Muslim, Sikh, or Hindu f ...
(Woman's) State Hospital in
Rajkot
Rajkot () is the fourth-largest city in the Indian state of Gujarat after Ahmedabad, Vadodara, and Surat, and is in the centre of the Saurashtra region of Gujarat. Rajkot is the 35th-largest metropolitan area in India, with a population of ...
until her retirement in 1929. She established the Red Cross Society at Rajkot. Rukhmabai chose to settle in
Bombay
Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the second- ...
after her retirement.
Later life
In 1929 after her retirement, she publishing a pamphlet titled "''
Purdah
Pardah or purdah (from Hindi-Urdu , , meaning "curtain") is a religious and social practice of female seclusion prevalent among some Muslim and Hindu communities. It takes two forms: physical segregation of the sexes and the requirement that wom ...
- the need for its abolition''" arguing that young widows were being denied the chance to actively contribute to Indian society.
Death
Rukhmabai died, aged 90, from lung cancer on 25 September 1955.
In popular culture
* In 2008, the specifics of the legal case between Rukhmabai and her husband were published as a book titled ''Enslaved Daughters: Colonialism, Law and Women's Rights'' () by author Sudhir Chandra.
* In 2016, the story of Rukhmabai was adapted into a Marathi film titled ''
Doctor Rakhmabai
Rukhmabai (22 November 1864 – 25 September 1955) was an Indian physician and feminist. She is best known for being one of the first practicing women doctors in colonial India as well as being involved in a landmark legal case involving her m ...
'' starring
Tannishtha Chatterjee
Tannishtha Chatterjee is an Indian actress and director best known in the west for her performance in the British film ''Brick Lane'' (2007), the film adaptation of Monica Ali's best selling novel of the same name[Anant Mahadevan
Anant Mahadevan (born 28 August 1950), also credited as Ananth Narayan Mahadevan, is an Indian screenwriter, actor, and film director of Malayalam, Hindi, Marathi language, Marathi, Tamil language, Tamil films and television shows. Having been ...]
and produced by Dr
Swapna Patker
Swapna Patker is a film producer and business woman better known for 2015 Marathi film ''Balkadu'', a biopic of Shivsena founder Balasaheb Thackeray. She is chief managing director of The Royal Maratha Entertainment, a film production company. P ...
.
Recognition
* 19?? - A hospital in Surat was named after her
* On 22 November 2017, Google commemorated Rukhmabai's 153rd Birthday with a
Google Doodle
A Google Doodle is a special, temporary alteration of the logo on Google's homepages intended to commemorate holidays, events, achievements, and notable historical figures. The first Google Doodle honored the 1998 edition of the long-running an ...
on their
Indian front page. Although this gave her name as "Rukhmabai Raut" there is no evidence that she ever used the surname of her father, step-father or of Dadaji. She signed herself as "Rukhmabai" in her medical writings and her registration with the Registrar of the General Medical Council also only uses "Rukhmabai".
See also
*
Feminism in India
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like t ...
*
Anandi Gopal Joshi
References
External links
Kipling's report on the case
{{Authority control
1864 births
1955 deaths
20th-century Indian medical doctors
Alumni of the University of London
Medical doctors from Maharashtra
Women physicians from India
Marathi people
Prarthana Samaj