Thread by @gautambhatia88

With Google Doodle celebrating the life of Rukhmabai on her 153rd birth anniversary, here are some sources where you can find out more about her incredible life. (1/n)

Rukhmabai was married off as a child bride, but did not live with her husband. When she attained majority and stood to inherit property, he filed a case for "restitution of conjugal rights" against her, asking the Court to direct her to live with him . (2/n)

Rukhmabai contested this in Court, and Justice Pinhey of the Bombay High Court ruled in her favour. You can read the very short judgment here: indiankanoon.org/doc/623704/ (3/n)

It was one of the earliest judgments that talked about ideas of consent within marriage. It caused a great furore, and Dadaji, the husband, appealed. (4/n)

During the course of the appeal, Rukhmabai wrote two letters to the Times of India under the pseudonym "A Hindu Lady", which are classics of early Indian feminist thought. They are extracted in this book: global.oup.com/academic/produ… (5/n)

The Division Bench ruled against Rukhmabai and granted restitution of conjugal rights. However, Rukhmabai informed the Court that she'd rather go to jail and live with her husband. (6/n)

This caused an even greater scandal, and finally the case was settled out of court. Rukhmabai then went abroad and qualified as a doctor. (7/n)

For some great literature on her life and this case, which led to the passing of the age of consent laws, see: Sudhir
Chandra, Enslaved Daughters: Colonialism, Law, and Women’s Rights (OUP 2008) -- amazon.in/Enslaved-Daugh… (8/n)

Padma Anagol, ‘Rebellious Wives and Dysfunctional Marriages’ in Women and Social Reform in Modern India 282
- 313 (Indiana University Press 2008) -- iupress.indiana.edu/product_info.p… (9/n)

Meera Kosambi, ‘Gender Reform and Competing State Controls over Women: The Rakhmabai Case (1884 – 1888)’, (1995) 29(1-2) Contributions to Indian Sociology 265 -- journals.sagepub.com/doi/abs/10.117… (10/n)

Extract from Rakhmabai's letter to the Times of India: "...marriage does not interpose any insuperable obstacle in the course of their [men’s] studies. They can marry not only a second wife, on the death of the first, but have the right of marrying any number of wives at one...+

"... and the same time, or any time they please. If married early they are not called upon to go to the house and submit to the tender mercies of a mother-inlaw; nor is any restraint put upon their action because of their marriage.” (11/n)

Bear in mind, she was formulating these arguments in the 19th century.

Lastly, my own essay on this controversy and its implications for modern constitutional law: poseidon01.ssrn.com/delivery.php?I… (12/12)