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Showing posts with the label Rukmabai case for the consent of age

Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within

The Historic case of Rukhmabai

Rukhmabai was an Indian physician, who was born in 1864 in Bombay (now Mumbai), India. She was one of the first practicing women doctors in colonial India. The Rukhmabai case, which took place in 1884, was a landmark legal case in colonial India that raised issues of women’s rights and the status of women in society. **The case  sparked debates on the age of consent for marriage when Rakhmbai refused to obey .** The case involved Rukhmabai’s refusal to live with her husband, Dadaji Bhikaji, whom she had been married to at the age of 11, in a practice known as “child marriage”. Later, when she was 19, her husband sent a notice demanding that she come and live with him . Rukhmabai refused to comply, citing her right to education and her desire to complete her medical studies in England. Her husband sued her for restitution of conjugal rights. Rukhmabai was supported by her mentor and the founding member of National Indian Association, Dr. Edith Pechey , and a number of prominent Indian r