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10 years old Phoolmani died in honeymoon and everyone was shocked! Story of marriage law | Daily Hindi News


New Delhi: The issue of Uniform Civil Code is in discussion these days. Right now there are different laws according to religion on civil issues like marriage, divorce, adoption, succession, rights in property. If you are Hindu then different law, if you are Muslim then different, if you are Christian then different…. These are called personal law. Personal Laws are based on practices, traditions that have been going on since ancient times and their advocates believe that they cannot be changed at all. These are stone lines. In the name of personal law, even discrimination and malpractices are protected. Many evils were abolished by making laws. The most recent is the ban on the practice of talaq-e-biddat i.e. divorcing a woman in one fell swoop by pronouncing talaq thrice. It is better to have one law for all in the country than to make different laws at different times to end the evils. For everyone i.e. whether it is a woman or a man, a Hindu or a Muslim… same law for every citizen. Sati Pratha was also one such practice which was carried in the name of tradition. Recently we told about 1987 which shook the whole country then. Roop Kanwar, 18, got married only eight months back. After her husband’s death, she was burnt alive along with his funeral pyre. After this, a strict law had to be made against the practice of sati. Child marriage is also one such evil which snatches away the childhood from the children. There is a negative impact on his rights like education, health, security. Women of Assam are the most affected by this, that is, half of the world’s population. A law was made against child marriage in India when a 10-year-old innocent girl Phoolmoni Devi died agonizingly on the very first night of her marriage. The matter reached the court. Like the Roopkanwar sati incident, that incident also shook the entire country. In the same period, another girl named Rakhmabai refused to go to her husband’s house. The same Rakhmabai who later became a doctor and who is considered to be the first female doctor of the country. The whole country was shaken by the death of a 10-year-old girl on the first night of her marriage. Was shaken After that many legal reforms took place and for the first time a law was made in India against child marriage. The name of that girl was Phoolmoni Dasi and the case of her death was known as Phoolmoni Dasi Rape Case. This is about 1889. When the country was ruled by the British. Phoolomani Dasi of Bengal was barely 10 years old in 1889 when her parents arranged her marriage. She got married to a 30 year old man named Hari Mohan Mait. How can an innocent child of such a young age understand what marriage is? What is sex? He only knew the meaning of marriage that celebration, new clothes, good dishes, sweets, dance-singing, song-music, celebration…. Phoolomani died on the very first night of marriage. Husband forced that innocent in the name of honeymoon. She kept pleading to be spared, screaming and shouting but her husband did not listen. Hearing her screams, when the women of the house went to that room, they saw that the girl was lying unconscious in a pool of blood. There was blood splattered all over the room. Her husband is nearby and her clothes are also splattered with blood. Blood-soaked Phoolmani Dasi died in agony. The autopsy report was such that Fulmani’s mother started fighting for justice and the matter went to court. On July 6, 1890, the trial began in the Calcutta Sessions Court, known as ‘Empress vs Harimohan Mait’. It caught the attention of the whole country. During the trial, the autopsy report of Phoolmani Dasi was presented in the court, which was telling a story of such barbarism which would give goosebumps. distract anyone. Even today, doctors and legal experts read and see Phoolmani Devi’s autopsy report as a case study. According to the autopsy report, Phoolmani Dasi died due to a wound in her genitals and profuse bleeding. His dead body was found soaked in blood in a very gruesome condition. According to the autopsy report, Phoolmani’s sex organs were not developed at all. Her uterus was not yet formed. Her menstruation had not even started. She had no external signs of adolescence except a partially raised pectoral region. According to medical science, she was still moving towards puberty, but was not yet a teenager. According to the law at that time, the minimum age of a girl for marriage should have been 10 years. So despite the brutality her husband was sentenced to only 12 months. He was only convicted of ‘endangering the personal safety of another and causing grievous hurt’. He was acquitted in the rape case because according to the law, having sex with his wife is not considered rape. When Rakhmabai refused to go to her husband’s house after marriage When the Phoolmani maid case was going on in the court, another case also attracted the attention of the country. Rakhmabai Raut of then Bombay (today’s Mumbai) was married by her widowed mother to a 19-year-old man named Dadaji Bhikaji at the age of just 11. Both were married in 1875. It was customary then that girls were married off at an early age but were not sent to their in-laws’ house. When the girls became a little mature, achieved adolescence, then they were sent to the husband’s house. This custom of Gauna is still prevalent in many parts of the country. Later Rakhmabai refused to go to her husband’s house. In 1887 her husband turned to the court and demanded the restoration of conjugal rights. Rakhmabai argued in the court that no one could force her for this marriage as she had not consented to the marriage. She was very young when she got married. Then the court put two options in front of them – marriage is over, so go to husband’s house or else serve 6 months in jail. Rakhmabai took a bold and historic decision of going to jail instead of going to her husband’s house. He started a kind of movement so that no other innocent person gets trapped in the vicious cycle of child marriage. In this he also got the support of his step father Sakharam Arjun. They started a legal battle for divorce at the age of 22. The court did not approve the divorce. Despite this, she did not lose courage. He also wrote a letter to the then Queen Victoria of Britain to end their marriage. The Queen overturned the court’s decision. Eventually the husband was forced to withdraw the suit and Rakhmabai was freed from the forced marriage. After that he completed his medical studies abroad. She never married again and devoted her entire life to the cause of women’s health. She is considered to be India’s first woman doctor who was also a great social reformer of her generation. Phoolmani maid rape case and Rakhmabai’s courage started a period of judicial and social reforms The cases were widely discussed across the country. After this many types of judicial and social reforms started. The British Government decided to increase the minimum age of marriage. On 9 January 1891, the then Viceroy of India Lord Lansdowne introduced the ‘Age of Consent’ bill. In this, the minimum age of the girl for marriage was increased from 10 years to 12 years. Sex with a girl below this age was considered rape, even if she was the wife of the accused. Then this bill was opposed a lot by all the Hinduist organizations and leaders. This was called interference of the government in matters related to Hinduism. But the bill was passed and became law. Later in 1929 the minimum age of marriage was raised from 12 years to 14 years for girls and 18 years for boys. When the country became independent, in 1949 the minimum age for marriage of girls was increased to 15 years. There is no change in the age for boys. Later in 1978 the law was again amended and the minimum age of marriage was increased. It was 18 years for women and 21 years for men. How serious a problem child marriage is in India, it can be gauged from a UNICEF report. According to the report, every year at least 1.5 million girls in India get married before the age of 18. About 16 percent of the country’s girls in the age group of 15 to 19 years are currently married. However, the good thing is that there is a continuous decrease in child marriage. According to UNICEF, the percentage of child marriage in India was 47 in 2005-06, which came down to 27 per cent a decade later in 2015-16. However, even then it is very high.



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