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Photo: PARTH SANYAL

BEYOND THE VEIL Some marital dreams die young

Now, how would you react to the information that one single day (November 25), has been chosen as International Day for the Elimination of Violence Against Women? A joke, unlikely to make you laugh. But a circular from the American Consulate Library tells us that such designations “provide an opportunity to highlight the U.S. government’s efforts to combat this problem around the world.”

As part of its efforts, the U.S. Consulate in Chennai organized a lecture/discussion on ‘Elimination of Violence against Women: Legal Options in India and the United States’. A small group of lawyers, judges, police officers and activists showed up at the Judicial Academy. Those who should have been there — parents and girls who accept proposals from grooms, without a background and character check were sadly absent.

The topic itself makes enormous sense. The first step to “elimination” is to know “how”, legally. And clubbing “India and the U.S.” is deeply significant. Stories of girls following the husband on a dependent visa, and once off the plane, reveal a hard surface of abuse – verbal, physical and emotional . What options does an ill-treated woman, whether here or in an overseas “sasural”, have?

Dr. Shamita Das Dasgupta, co-founder of Manavi in New Jersey and Adjunct Professor at the New York University Law School said, “We thought the Indian community was problem-free till we realised that the truth was hidden in the concept of shame, family honour. Fierce faith that we should present a “clean” face to the host community, and as a modern minority in the U.S., our conduct should look unimpeachable kept us silent.” Easy to guess the kind of license it gives to the perpetrator. “Globalisation and workers being thrown out in a commercialised economy fuels fighting at home,” said Geetha Ramakrishnan, Advisor, Women’s Struggle Movement. Unskilled women workers become targets for special “treatment”. “In our country, domestic violence is rooted in the caste system, gender, patriarchy and community. Temporary hands put up with abuse to keep jobs. Displacement brings its share of cruelty. In a job crisis, on whom do men take out their frustration?”

Can courts help? “Cultural beliefs strongly impact how courts address the issue of marriage,” said Geetha Ramaseshan, Advocate and Special Public Prosecutor, Madras High Court. “Trans-national concerns of violence and social practices like dowry may not be understood abroad.” Activists view violence as a cultural and social issue, but “victims could be caught between two different systems of justice. Marriage and divorce laws differ in different countries. In India, by and large, it’s based on a fault-finding system. One has to prove a matrimonial wrong. Who determines the level of cruelty?”

Our Domestic Violence Act establishes a redressal system – protection officers, magistrates – but what about enforcement? Speakers recommended the setting up of strong women’s groups everywhere. When abuse is brutal, the woman should be placed in a shelter and given training and employment. Meanwhile, the National Commission for Women (NCW) has proposed to the Ministry of External Affairs that bilateral agreements should be signed with countries having large Indian diaspora. They want Indian courts to recognise and enforce foreign divorce decrees, maintenance and child custody orders.

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