Abstract
The experiences of growing up as a girl child in a north Indian family certainly shaped my understanding of ‘dowry’ in a significant way. The cultural and legal discourses on it were often contradictory, as the later regarded it as a criminal offence but the former always referred to it as a token of love, blessings and support provided to the daughter by her natal family at the time of her marriage. Media representations of cases of bride burning, a woman’s death under unnatural circumstances and cruelty paint a picture that is in contrast to this.
The discourse on dowry has acquired a new and somewhat complex character. A significant aspect of this is a story narrated by some husbands and in-laws convicted or under trial in dowry harassment cases (under Section 498A), in which they argue that there has been a misuse of dowry related laws by some woman. Comprising six intense narratives and a Foreword by Flavia Agnes, a women’s rights lawyer, social activist and coordinator of Majlis, the present book ‘Broken Mirrors’ deals with this issue. It provides a window to the complex nature of problems that surface in the institution of marriage leading sometimes to a tragic end but misunderstood and misrepresented as dowry related by the social and justice system (police, courts, bride’s natal family and relatives). Through their analysis of dowry in India, the authors of the book, Dr Robin Wyatt, who has a Ph.D. in Indian Law and Sociology, and works as a research consultant and Nazia Masood, a trained social worker, currently teaching sociology at a school in Bangalore, have effectively drawn our attention towards both the disjunctures and the nature of interface between the social and the legal discourse on dowry. Through six compelling and nuanced stories this book takes the reader beyond labels like ‘dowry death’ and ‘harassment’, highlighting the need to delve deeper into those issues and problems that emerge in the institution of marriage. The different voices in the stories vary from that of a man convicted under Section 498A, accused of cruelty and of driving his wife to commit suicide, to a survivor of domestic violence. The irony lies in the fact that most of these cases are framed within the ambit of dowry laws when even a simple analysis of the interactions or accounts presented is strongly indicative of a completely different set of problems constituting the real causes of marital conflicts. The central issues raised by the authors are that the presentation of conflicts and the consequences related to domestic violence, non-fulfilment of the expectations of spouse and in-laws, shifting of loyalties after marriage, change in the power equations in the family and many more, are presented as ‘dowry related issues’ in the legal context. In these stories, some of the cases do entail disagreements and disputes over financial matters but the label of a ‘Dowry Harassment Case’ negates the actual problems in the matrimonial unit, causing an irreparable damage to it. Along with societal pressure on the couple to make adjustments, the stigma attached to ‘divorce’ and the often inaccessible option of marriage counselling further heighten their anxieties and suffering. The authors argue that in most cases that they came across during their fieldwork, the problem seemed less about ‘dowry’ and more tied to the failure to negotiate the challenges of marriage. Hence, they find ‘dowry’ as insufficient to understand the real and multiple causes of marital breakdown. ‘Dowry’, rather becomes a means to attain certain unrelated yet desirable legal ends.
Through nuanced accounts, the authors present a strong challenge to the Indian legal system in general and the anti-dowry laws in particular. The justice system has been challenged on several grounds. First, for not being able to fill the gap between the laws and the cultural understanding of dowry and its varied practices. Second, for functioning with some patriarchal assumptions like trying to uphold the institution of marriage by putting in all kinds of efforts to avoid divorce as a consequence of marital problems. Such an approach often results in a situation where the couples (specially the wives) feel a complete lack of options which can have serious consequences like depression or even suicidal attempts. Third, for adopting a simplistic view that man is the perpetrator and woman is the victim of domestic violence, cruelty and any other kind of harassment. The stringent nature of the anti-dowry law becomes a major cause of its misuse in several cases for ensuring the prosecution of the accused. The authors locate another significant cause of the problem in the process of registration of such cases in the police station. As argued, the police officials are themselves suggestive that such cases could be tagged with the dowry matters to strengthen it as the related laws are stricter and pro-woman in nature. Moreover, corruption entrenched in the system brings down the hopes of getting justice. This book succeeds in pushing the reader to reflect on not just the judicial system but society as well. The book strongly recommends a more holistic approach to the ‘dowry problem’ to be able to effectively deal with the phenomena of matrimonial violence. Envisioning a better approach to such issues the authors present some possibilities to ensure an effective judicial and social system. A few of the proposed possibilities are amendments in the law to ensure a check on their misuse, upgradation of existing facilities to help couples in distress before abuse happens or goes too far, promotion of a positive orientation towards marriage counselling and providing easy access to it and sensitisation of the police and judiciary for conducting a fair and just procedure. The authors’ argue that the parents of the woman are equally responsible for the damage caused to her. First, for not preparing them sufficiently for marriage. As in a majority of the cases marriage is presented as the most sacred institution for which adjustment of several kinds by the woman is her duty and utmost responsibility, and parents choose not to talk to their daughters about violence, neglect and harassment of any kind as a problem. Second, parents tend to abandon their daughters when they are most needed, thus pointing to the crucial responsibility associated with parenthood.
The authors, Wyatt and Masood, have looked at the role of the police and judiciary as playing a decisive role in the process of framing the cases of any kind of marital problems as dowry harassment. An account of a similar interaction with the police officials to know their side of the story or any such observations made by the authors themselves could have provided a glimpse into the perspectives and concerns of the former. Such a consideration would have definitely enriched the analysis further.
The use of simple and accessible language while presenting a critical outlook throughout the book, makes it an engaging text. The different voices emerging in the six narratives provide fresh insights into the complex nature of ‘dowry’ as well as cases framed as ‘dowry related issues’. The authors must be congratulated for exploring, and seeking to understand, the oft repeated charge that the anti-dowry law is being misused.