

The fight for women’s rights began decades ago. Stories of injustice and the demand for equal opportunities have long been at the forefront. Among the many chapters in the history of fundamental rights, the evolution of the age of consent stands out as especially significant — particularly the story of Rukhmabai. One of India’s first practicing female doctors, she chose imprisonment over being forced to live with an older husband.
Rukhmabai’s resolute and unwavering stance on several social causes marked the beginning of a new chapter in the development and empowerment of women in India. From fighting for her fundamental personal rights including the right to consent to pursuing a career in medicine, she became a beacon of hope for countless women from a very young age.
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Rukhmabai was one of the iconic figures who assisted in paving a way for feminism back in the 19th century in a country like India. Many moons ago, the Indian landscape was not remotely close to being merciful towards the women of the nation. Rukhmabai’s rise to the limelight created a sense of strength, but at the same time, it sparked controversy.
Rukhmabai hailed from a Marathi family and was born on 22 November 1864. Her life began with hardship, as she lost her father, Janardhan Pandurang, at just two years old.
Six years after his passing, her mother, Jayantibai, remarried a widower named Sakharam Arjun — a union that would later play a pivotal role in shaping the course of Rukhmabai’s life. Remarriage after a husband’s death was permitted within the carpenter community to which her family belonged.
Sakharam Arjun was an educated man and a well-established doctor. After her mother married Arjun when she was eight, Rukhmabai’s true story began. At the age of eleven, she was married to Dadaji Bhikaji, who was 19 years old at the time. Thus began the remarkable journey of Rukhmabai Raut.
Her life did not unfold as expected. The prevailing social norms at the time were challenged when Rukhmabai continued living at her mother’s house. It had been agreed that, because of her young age, she would complete her education, and Dadaji would also study further and become a “good man.” He lived with his in-laws as a gharjamai, along with Rukhmabai.
However, Dadaji’s frustration grew as he turned 20 and still had not completed his studies. His priority became to consummate the marriage as soon as Rukhmabai entered adolescence. He wanted to take her to the home where he lived with his uncle, but he was unprepared for the strong resistance from Rukhmabai’s family — who, empowered by education, wanted her to finish her studies and develop an independent, liberal mindset.
Later on, Rukhmabai realized that she did not want to be married at such a young age.
In March 1884, the legal battle between the two parties formally began. Dadaji sent a legal notice to her stepfather, Sakharam Arjun, demanding that he stop preventing Rukhmabai from living with him.
In response, Arjun hired lawyers to defend Rukhmabai’s personal decision to follow her own path and not live with Bhikaji. Thus began the case of Bhikaji vs. Rukhmabai, which soon became a national topic of discussion and one of the most publicized legal battles of its time.
Rukhmabai’s husband, Bhikaji, filed a petition before the Bombay High Court demanding the restoration of conjugal rights — the right for a husband and wife to live together.
He insisted that his wife must stay with him at his home. Justice Robert Hill Pinhey ruled that the key issue was that Rukhmabai had been a young girl at the time of their marriage. Therefore, English laws on conjugal rights, which applied to consenting adults, were not appropriate in this case. The case was later reopened in 1886, a year after the initial ruling.
The legal battle for separation drew widespread criticism from the public, as it was highly unconventional for a young wife to seek separation from her husband. Many argued that the court was attempting to disrespect Hindu customs and established social norms.
Freedom fighter Bal Gangadhar Tilak became one of Rukhmabai’s strongest critics. His newspaper, the Mahratta, openly published harsh criticism of her, arguing that her English education was the reason for her defiance. Tilak claimed that Justice Pinhey was attacking traditional Hindu customs and attempting to change them.
The case sparked important questions about the right to consent in marriage and whether long-standing traditions should be viewed from a new perspective. It also raised concerns about whether the people of the country would accept such reforms if they were implemented.
Even though Rukhmabai faced intense scrutiny for asserting her right to consent to marriage over traditional Hindu customs, her perspective received support in several articles published in the Times of India.
A writer using the pseudonym “A Hindu Lady” highlighted the positive change Rukhmabai was striving for. These articles, written in the form of letters, were first published on 26 June 1884. It was later revealed that the anonymous author was Rukhmabai herself.
Through these letters, she raised concerns about the 'status of Hindu women' in Indian society. Many prominent figures of the time defended her decision, recognizing its potential to transform the lives of Indian women who were subjected to deep-rooted prejudice and patriarchy. Among her supporters were Indian poet and social reformer Behramji Malabari and social reformer Pandita Ramabai, who together formed the Rukhmabai Defence Committee.
The legal battle spanned four years and ended with an unexpected twist. On March 4, 1887, Justice Farran delivered a ruling that gave Rukhmabai an ultimatum — marriage or prison. He ordered that she must either go and live with her husband or face six months of imprisonment. Her response stunned everyone present: Rukhmabai bravely chose imprisonment over being forced into marriage with Dadaji.
Tilak criticized the “Hindu Lady,” blaming English education for her defiance, while scholar Max Müller supported her. Müller argued that education had empowered Rukhmabai to make her own decisions and choose her own path. The case of Bhikaji vs. Rukhmabai created a ripple effect around the world and even drew the attention of Queen Victoria.
The case garnered significant limelight and eventually led to the passing of the Age of Consent Act in 1891, which raised the legal age of consent from 10 to 12 years during the British Raj.
As an aftermath of the case, Queen Victoria got involved, which resulted in the dissolution of the marital relationship between Bhikaji and Rukhmabai. The Queen annulled the court’s final order, and Bhikaji was compensated outside the court in 1888. Rukhmabai later went to England to pursue her education and study medicine abroad.
Rukhmabai’s life was a domino of legacy that continues to inspire modern feminism. She later became a founding member of the Bombay Natural History Society. She continued practicing medicine in Mumbai and eventually served as the Chief Medical Officer in Surat and Rajkot.
Today, Rukhmabai stands as a symbol of women’s empowerment — a young girl who fought for her right to consent and paved the way for countless others. She was one of the earliest feminist reformers in pre-independent India, championing the importance of education in the lives of women and shaping public discourse around women’s rights.
Rukhmabai passed away at the age of 91 on September 25, 1955, leaving behind a legacy that continues to inspire generations.
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