The Age of Consent Act 1891 raised the minimum marital age for girls from:
- (a)10 to 11 years
- (b)10 to 12 years
- (c)10 to 13 years
- (d)10 to 14 years
Answer
Why
Correct — B. The Age of Consent Act, 1891 raised the age of consent for sexual intercourse for all girls, married or unmarried, from ten to twelve years.
It was passed on 19 March 1891, when Lord Lansdowne was Viceroy, after a campaign by the Parsi reformer and journalist Behramji Malabari.
Why the others are wrong
- (a)10 to 11 years — Twelve, not eleven, was the new age. The Act lifted the age of consent by two years, from ten to twelve.
- (c)10 to 13 years — Thirteen is not the 1891 figure. The Act fixed twelve as the age of consent, for married and unmarried girls alike.
- (d)10 to 14 years — Fourteen is the minimum marriage age for girls fixed later by the Sarda Act of 1929 (Child Marriage Restraint Act), not the 1891 figure of twelve.
Concept
The earlier age of consent, ten, came from the Indian Penal Code of 1860. The 1889 death of Phulmoni Dasi, a child bride raped by her husband, became the catalyst for change.
The resulting Act raised the age to twelve. Bal Gangadhar Tilak opposed it, arguing that the government should have nothing to do with regulating social customs.
The question says minimum marital age, but the 1891 Act raised the age of consent. It did not stop a younger girl being married.
A legal minimum age of marriage came with the Sarda Act, 1929: 14 for girls and 18 for boys, in force from 1 April 1930.
Key facts
- Age of Consent Act, 1891: the age of consent for all girls, married or unmarried, went from 10 to 12.
- It was passed on 19 March 1891, when Lord Lansdowne was Viceroy.
- Behramji Malabari campaigned for it and Bal Gangadhar Tilak opposed it.
- The Child Marriage Restraint (Sarda) Act, 1929 set the minimum marriage age at 14 for girls and 18 for boys.
Study next
Common traps
- Picking 14 because it is the Sarda Act's marriage age for girls. That is 1929, not 1891.
- Reading the 1891 Act as a marriage-age law. It fixed the age of consent.
The Act also appears as a distractor at 23 Sep 2024, 16:00, GA Q.14, which asks for the 1773 Act passed to regulate the East India Company (the Regulating Act).
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