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EDITORIAL

CHANGING SCENARIO

Some positive things have begun to happen in the troubled State of Jammu & Kashmir. They provide hope for better things before long. This change is visible in as much as some local militant outfits have decided to contest next assembly elections by forming a joint political party. This also includes Hizbul Mujahideen. At this stage one has to draw clear line between indigenous and foreign militants although both have the same mentor across the border. There was an abortive attempt by the local Hizbul to enter into constructive dialogue with India for ushering in peace. Subsequently, Pakistan got the better of them as they succeeded in sabotaging the peace initiative. It now transpires that entire Hizbul Mujahideen (Pak based) has been totally hijacked by Pan-Islamic outfit more favourable to Pak rulers and much nearer to .....more

VITIOUS NEXUS

The manner in which release of Rajkumar from Veerappan's captivity has been pursued by two State Governments has invited severe strictures and comments from the Apex Court. It has gone to the extent ....more

Indian film directors make
it big in global arena

By Santosh Mehta
Indian film directors are now be-ing recognised at the international level. Several well-known Indian film-makers are making waves at international film festivals abroad. Subhash Ghai, Shekhar Kapoor, Sanjay Leela Bhansali, Dr Buddhadeb Dasgupta, Shyam Benegal, Shahji N Karun, J P....
more

The battle for Jerusalem

By Major Kulbir Singh
In May 1948, the last of the Brit-ish soldiers left Jerusalem. Rabbi Mordechai Weingarten, the senior citizen of the Jewish Quarters had passed the afternoon in the reassuring company of his sacred texts. Lost in the thoughts, he hesitated a moment at the knock on his door. He got up, put....
.more

Uprooting the dowry menace

By Uma Joshi
Domestic violence in the con-text of dowry disputes is a serious problem in India. It is no secret that dowry deaths have been growing year after year despite the anti-dowry legislation which has become totally inadequate and ineffective. In fact, it has not at all served any purpose in checking...
..more

EDITORIAL

CHANGING SCENARIO

Some positive things have begun to happen in the troubled State of Jammu & Kashmir. They provide hope for better things before long. This change is visible in as much as some local militant outfits have decided to contest next assembly elections by forming a joint political party. This also includes Hizbul Mujahideen. At this stage one has to draw clear line between indigenous and foreign militants although both have the same mentor across the border. There was an abortive attempt by the local Hizbul to enter into constructive dialogue with India for ushering in peace. Subsequently, Pakistan got the better of them as they succeeded in sabotaging the peace initiative. It now transpires that entire Hizbul Mujahideen (Pak based) has been totally hijacked by Pan-Islamic outfit more favourable to Pak rulers and much nearer to Islamic fundamentalists. This hijack exercise has obviously unnerved those who were in the vanguard till recently. There is thus a vertical divide that has percolated to the rank and file leading to mistrusts and mutual killings even in PoK. Such infighting has also been visible in outfits operating in Jammu & Kashmir who find it quite an awkward exercise to play second fiddle to largely mercenary outfits.

With above as the backgrounder it is now easier to understand the factors that has brought about change in the mindset of pro-Pak local militants. First, there has been tremendous pressure by the security forces which have killed over 1200 ruggadised militants including large number of mercenaries since the beginning of this year. This number is more than the tally since 1996 to 1999 and speaks volumes about the success rate logged by the security forces. The last two months in particular have registered acceleration in rate of elimination which has caused convulsions amongst the gunwielders. Most of their attempts to infiltrate have been successfully foiled. Some of them have even opted for surrender. This pressure is not going to be relaxed. In fact, while addressing Commanders Conference in Delhi, Defence Minister has asked them to tighten the noose on cross border terrorists and prevent infiltration at any cost.

Second factor that has led to change of track is the pressure from families who do not want their dear ones to become cannon fodder just to subserve Pak machinations. There may be many factors that could have caused alienation. But that is entirely different proposition. Those factors could be still persisting. That again is besides the point. Right now the feeling is very strong that if India is bad, Pakistan is worse. This message reaches them through their kith and kins in Pakistan where democracy stands fully trampled and all voices muted. When people draw the balance sheet, they obviously decide to opt for the 'lesser evil'. Kashmiris do have the brains to know where they stand to benefit more. With Pakistan their identity itself would be obliterated in perpetuity like it has happened to Muhajir Qaumi Movement cadres, Sindhis, Baluchis, Ahmedias and even Shias.

The third significant factor is the international opinion that has clicked the Indian way. Pakistan stands totally isolated and Joint Working Groups have been formed with America, Russia, Israel and others to fight global terrorism mostly let loose by Pakistan. The news of America having decided to close its embassy in Islamabad and consulate in Karachi due to threat perceptions is another factor that has gone against Pakistan and its role as a terrorist sponsor nation. America is about to declare many Pak-based outfits like Lashkar-e-Toiba as terrorists. This explains distancing of many local outfits from hegemonic role of such Pak-sponsored outfits that have no stakes in J&K State. But local militants do have many stakes.

Fourth reason is that people are fed up with constantly living under fear of guns. They themselves have seen the nasty role being played by mercenaries which have not spared its own fraternity from heinous and un-Islamic acts. It is certain that most of the recent successes are very largely attributed to authentic inputs provided by the people about the presence/movement of militants. It goes without saying that insurgency flourishes only where peoples sympathies are with them. Sans that support, insurgency cannot be sustained. The very fact that these are the mercenaries in the vanguard rather than local militants indicates peoples mindset to get rid of them at any cost.

Yet another factor that cannot be lost sight of pertains to some tentative advice given by visiting foreign ambassadors/delegation to opt for ballot rather than persist with bullet. Pakistan is a party in as far as international border/LoC is concerned. As regards ushering in peace, it is the local psyche that prevails and falls strictly within the domain of State and Central Government. If people don't approve of NC policies/priorities, they can change the guard through ballot. But Pakistan's intrusions into their domestic life must end. That is the surest and safest road to peace and prosperity.

Some predictions and surmises can be put in place. Congress Chief Mr Qureshi predicts early elections. Farooq himself had mentioned earlier when local HM opted for dialogue that if Hizbul Mujahideen opts for participation in elections, he was ready to dissolve the assembly and call for fresh poll. He now welcomes Hizb's latest thinking on participation in assembly election by forming a political party of outfits and advises them to try their luck in the ensuing Panchayat elections as well. All this and much more indicates that political scenario in J&K is undergoing rapid transformation for the better, jehad and jehadis of Musharraf's brand notwithstanding.

VITIOUS NEXUS

The manner in which release of Rajkumar from Veerappan's captivity has been pursued by two State Governments has invited severe strictures and comments from the Apex Court. It has gone to the extent of remarking whether the whole drama of kidnap was in fact a 'ploy to help Veerappan'. It is so because both State Governments have not taken any cognisance of other demands of Veerappan but only put their entire machinery to somehow secure release of 56 TADA detenues belonging to Veerappan's gang (51 from Karnataka jails and five held in Tamil Nadu). These 56 could have augmented the strength of Veerappan to accelerate his nefarious acts. In an affadavit sworn by the former DGP of Tamil Nadu Mr Dawaram points out emergence of lethal combination of criminal and secessionist revolving round Veerappan. His reference is to proven links of Tamil Nadu Liberation Army (TNLA), secessionist outfit, and Liberation Tigers of Tamil Eelam (LTTE) with the forest bandit Veerappan. Lodged in the safety of thick jungles and enjoying full patronage of political bosses ruling the roost, he is all set to pose much serious dangers to the national security as a whole if the vitious nexus of criminals, terrorists and politicians is not broken immediately. Apex Court has rightly taken to task both Tamil Nadu and Karnataka governments for their compliance with Veerappan's dictats as if they are personal assistants of Veerappan. In fact, a well-known cartoonist of Tamil Nadu Cho Swamy did focus them as such in his magazine. Nothing could be more damaging to democratic institutions than acquiescing with the law breakers. True, these State Governments are democratically elected. But they have taken oath to uphold constitution and work within the Constitutional Parameter. Both the State Governments however failed the people and worked against the Constitution by sending emissaries belonging to secessionist outfits. Country is indeed indebted to the Apex Court which has not allowed lower judiciary, bureaucracy and political bosses of these two States to do the most damaging and unconstitutional act of perpetuating politician-criminal-terrorist nexus.

Indian film directors make it big in global arena

By Santosh Mehta

Indian film directors are now be-ing recognised at the international level. Several well-known Indian film-makers are making waves at international film festivals abroad. Subhash Ghai, Shekhar Kapoor, Sanjay Leela Bhansali, Dr Buddhadeb Dasgupta, Shyam Benegal, Shahji N Karun, J P Dutta, Amol Palekar, Girish Kasaravalli, Santosh Sivan and B R Chopra are among those who have made a global impact with their films and won scores of awards overseas. Some of them have received lifetime awards as well.

Subhash Ghai has made several blockbusters in Bollywood- 'Taal', 'pardes', 'Ram Lakhan' and 'Khalnayak' among others, says Ghai, ''The box office is not important for me any more. I make films for my satisfaction. However, 'Taal's success overseas has been phenomenal. Chamba, in Himachal Pradesh, where much of the film was shot is fast becoming a popular tourist destination. I think that is enough to put me on a high.''

He adds, ''I am not desperate to be an entertainment tycoon. I cannot work like a slave. If someone smiles at me, that's enough. I feel that films should be recognised as an important part of our curricula because drama help us understand the human psyche better.'' Ghai is happy that the music of ''Taal' composed by A R Rehman, sold a record 5 million cassettes.

Sanjay Leela Bhansali's 'Hum Dil De Chukay Sanam' was adjudged the best picture and bagged dozens of award in India and abroad. Three thousand people in London's Dome Skyscape Hall watched the Indian cinema reaching an historic milestone when recently superstar Amitabh Bachchan declared the best award for the film. The function was seen on TV by a billion people globally.

The film created such a sensation in Berlin that since then, this three hour eight minute saga of love and family bonding has been nomited for a series of international festivals. It was screened at festivals in Budapest, Seattle, Moscow, Melbourne, Fukoka, Stockholm and Nantes.

For the young and itense director of 'Hum Dil De'....this international acclaim ahs come like the icing on a cake that is already perfectly baked. Not only was his film one of last year's smash hit' at the box office, it also winched most of the popular awards in the country, even making it to the coveted Panoramma section of the 1998 international film festival of India.

Bhansali says : ''In Berlin women came out of the hall crying, just like Indian women would have done. It just proves that human emotions are the same everywhere.''

Shyam Benegal is among the best known names in Bollywood. He started with his first film 'Ankur' in 1974 and went on to make 'Manthan', 'Mandi' and a host of other highly acclaimed films in which Shabana Azmi, Smita Patil and a host of others showed off their acting skills. He has been a staple of the film festival circuit for 25 years.

A 53-part series for television on the history of India. 'Bharat Ek Khoj' in 1986/91, a documentary on Satyajit Ray in 1984, chairmanship of the Film and Television Institute of India (FTTI) between 1980 and 1983 well as 1989-1992 are other feathers in his cap. He has made films in Telugu as well as well as English ('Anugraham, 1977' and 'The Making of The Mahatma').

A recipient of the Padma Shri in 1976 and Padma Bhushan in 1991, benegal's latest film 'Smar' explores the caste relationships in village in Madhya Pradesh. It won the Best Feature Film of 1998 at the 46th national film festival for the innovative and human manner in which the director portrayed a continuing social evil.

Buddadeb Dasgupta is a highly respected filmmaker. What is interesting about him is that he is not just a part of a long and distinguished tradition of Satyajit Ray and Ritwik Ghatak but that he has consciously avoided incurring any debt to the founding luminaries of Indian art cinema. Dasgupta's film 'A Painter of Eloquent Silence; Ganesh Pyne (English) reflect on his vibrant individualism. His work has won numerous awards in India and abroad. Three of his films have won the National Award for Best film of the year and most have been shown at many international film festivals and won much acclaim.

At the 46th National Film Festival, the award for the best Arts/Cultural Film of 1998 was given to Dasgupta's documentary because it is a moving tribute from one artiste to another and appreciation of the painter's hidden expression. His film 'Uttara' has also been appreciated by audiences and has been repeatedly shown several times in the different auditoriums like Siri Fort and Ravindra Bhawan in New Delhi.

Dasgupta, who is also a poet, has managed to impart lyricism and restraint to the shots and the effect is a great film called ''Uttara.'' Perhaps the only drawback is the lack of a griping story. Instead, it unflds a chain of events taking place in contemporary India with all its contradictions. Perhaps that was Dasgupta's intention in the first place.

Cinematographer Shekhar Kapoor's film 'Elizabeth' was much acclaimed during last year International film festival in Hyderabad. It won him the award for the ourstanding film achievement at the international level. 'Elizabeth' also won an Oscar.

Tamil Director Santosh Sivan is one of India's more talented young cinematographers, Sivan has developed into a highly regarded director as well. His first directorial venture 'Hlo', a chldren's film, won a national award. Some time later, he made 'Terrorist' which won three awards Best Film, Best Director and Best Actress at the Cairo film festival last year. It also won the grand jury prize at the Manila Film Festival in 1999. 'Malli' is his second children's film. Sivn won his first national film award for the short-fiction film story of Tiblu in 1998.

Graduating in cinematography from the Film and Television Institute of India, Pune, Sivan has been the man behind the camera for several award winning films. And during the 46th National Award film festival he received the Award for the Best Film on Environment Conservation/preservation was given to his Tamil film 'Malli' for its lucid and lyrical depiction of nature and the need to save the environmental assets which have made life on this earth possible.

At the same time he got the award for the Best Cinematography of 1988 for the Hindi film, 'Dil Se'. His camera travels across spectacular landscapes and architecture and through bustling humanity with great seductive charm. Colours and moods are created and disrupted with equal ease in a film which sets a high standard of cinematic perfection.

Assamese Director Jahnu barua is also an internationally acclaimed film-maker. His latest film 'Pokhi' was shown at recent international film festival in Delhi. Barua worked as a television producer for the Indian Space Research Organisation (ISRO) and made more than 200 educational science programmes for rural school children.

He sharpened his skills with a series of documentaries and short films before launching on his first feature film in 1982. He has since made nine features, all of which have won national or international recognition. 'Halodhia Chorayae Baodhan Khai' (The Catastrophe) won for him awards at several international festivals, including the Grand Prix Silver Leopard at Locarno in 1988. Later, 'H K hagooroloi Bohu Door' won the national award for direction and was shown at as many as 42 international film festivals, winning ten international awards, including one for Best Director at the international Festival of Independent Film Makers, Brussels.

Barua says, 'Pokhi' is the result of my realisation about the unique power of simplicity. Simplicity exists in a child to its fullest extent. 'pokhi' is about a little orphan village child who conquers her world with this unique quality of hers.

Malayalam Film Director Adoor Gopalkrishnan is one of India's best known film-makers on the international scene. He graduated in scriptwriting and direction from the Film and Television Institute of India in 1965 and started the Chitralekha Film Society at Thiruvantapuram, thereby pioneering the film society movement in Kerala. For his feature films he has received the national award for best direction on four occasions and he has also won many international film awards.

His feature films include 'Swayamvaram', 'Kodiyettam', 'Elippathayam', 'Mukhamukham', 'Vidheyan' and 'Kathpurushanm'. His book cinemaynde Lokan (The World of Cinema) won the National Award for the best Book on Cinema in 1993 and he was honoured with the prestigious Padam Shri Award in 1984 for his contribution to cinema.

Malayalam, Director Shahji N Karun is one of the country's leading cinematographer and film directors. He first came to the centrestage of Indian cinematography with his work for director Aravnidan's films in the mid-seventies and early eighties.

'Piravi' was his first feature film and it won 24 national and international awards. His second feature film as a director, 'Swaham', was shown at Cannes, and at the Munich, Locarno, Nantes, London and Newyork film festivals. It has won several international awards, including the Charlie Chapline Awards, instituted by Mrs Oona Chapline. After completing the cinematography course at the Film and Television Institute of India in 1974, went to shoot more than 30 films. He won his first national award for the Best cinematography in 1979. Shahji N. Karun was the Chairman of the non-feature films in the recent national film festivals. He bagged one more award for this latest film 'Vanaprastham'.

The number of awards won by Indian directors at International film festivals across the globe in the past decade alone runs into hundreds! This clearely proves that the world's largest film industry can now proudly claim that its directors are also among the best in the world.

PTI Feature

The battle for Jerusalem

By Major Kulbir Singh

In May 1948, the last of the Brit-ish soldiers left Jerusalem. Rabbi Mordechai Weingarten, the senior citizen of the Jewish Quarters had passed the afternoon in the reassuring company of his sacred texts. Lost in the thoughts, he hesitated a moment at the knock on his door. He got up, put on his black waistcoat and jacket, adjusted his black hat and his gold rimmed spectacles and stepped into the court yard. There before, Weingarten stood a middle aged, British Major, wearing the yellow and red insignia of the Suffolk Regiment. From his right hand dangled a bar of rusted iron almost a foot long. With a solemn gesture, he offered it to the elderly rabbi. It was a key, a key to the Zion gate, one of the seven gates of the old city of Jerusalem.

From the year AD to untill today, he said, a key to the gate of Jerusalem has never been in Jewish hands. This is the first time in 18 centuries that your people have been so privileged. For the Arabs and many others a new life was beginning in that dawn. Soon a wall would lacerate Jerusalem's Heart and its stones would make them live as exiles in the city of their birth and probably also the start of blood shedding and violence. The controversial but sacred land, dear to both could stir passions of both incumbents, since each of its members in some way or the other trace a part of its spititual heritage.

The fierce duels continued amid changing international power equations and geo politics. Finally, the Norwegian social scientist Terge Rod Larsen came up with a stunner. While PLO accepted Larsen's proposal for a dialogue readily, the Israeli's not too sanguine about PLO's commitment to the negotiations agreed to send only a semi official team of two scholars. The first meeting took place near OSLO on 21 January 93. As the talks progressed, sensing PLO's commitment to a peaceful settlement Israel replaced the scholars with senior officials of its Government.

The negotiations were stalemated on many occasions. The Arabs wanted greater territorial concessions. The Israeli's would not compromise on the security of their settlements. It became more and more intriguing. Ultimately, the trust and confidence generated in free and frank discussions held in an informal atmosphere paved the way for mutual give and take and led to the conclusion of two agreements viz. the "Declaration of Principles of Interim self Government and Mutual recognition. The declaration provided for limited autonomy to the Palestinians in the Gaza strip and the ancient town of Tericho in the West Bank Israeli withdrawal from these areas was to begin in Dec. 1993 and completed before the end of 1994. Negotiations for the permanent status of the occupied territories were to begin before 1995 and completed before 1998. Status of Jerusalem was also slated for discussion in the future.

It appeared that the PLO had to make major concessions. It was given only limited autonomy in a small strips of land and the town of Jercho. Despite ;the promise of future discussion, the realisation of a sovereign home land did not and still does not appear definite to many Palestinians. Some opposition to the agreements is already discernible especially from terror giants such as HAMAS and HEZBOLLAH. There was a delay in the Israeli withdrawal from Gaza and Tericho and the incudents like the massacre an Hebron only added to their numbers. The peace process needed an impetus and a major initiative in this regard had to come from Israel, since it holds Arab territories. As an erstwhile Israeli foreign Minister once said, "there are two ways in which to end the conflict with the PLO; with the power of power or with the power of wisdom. Wisdom is better than power"; if we all act wisely, the PLO will become an active partner in peace instead of obstacle to it. Perhaps Israel needed to display the power of wisdom more speedily but internal political situation, especially so when it comes to being charitable to Palestinians was the main impediment. Israeli leaders especially of the Likud party who had fought with the Arab world for their nation, bred up on the legacy of Ben-Gurian, Goldo Mier, Moshe Dyan, Menachem Begin, definitely would not have given everything on Platter, whether talks or no talks. Jerusalem was far too dear to them.

From his days as a guerrilla fighter to his recent career as a peace maker, Palestinian Authority president Yasser Arafat has for decades slept, eaten and breathed. One overriding ambition - a State for his people. No one, Israeli or Palestinian doubts a Palestinian State will be declared sooner rather than later. But failure so far to sign a peace agreement at the West Asia Summit at Camp David has prolonged his ordeal. Mr Arafat who wears his trade mark black and white chequered head dress in the shape of a map of Palestine, has pledged to declare a State this year, come what may. He said "whoever doesn't like it can drink from the water of Dead sea"

But the last thing Israel wants is a unilaterally declared Palestinian State unhampered by peace treaty that would almost certainly limit its ability to equip an effective army. Israeli officials have gone so far as to say that if Mr Arafat goes through with his decision, Israel too will take unilateral steps and annex parts of the West Bank and Gaza strip. West Asia analysts warn of bloodshed, if this happens. Mr Araft faces difficult decisions. On the one hand, by unilaterally declaring a State, he would have a hard time winning an backing. He would also face an uphill battle in winning billions of dollars in international aid needed to make the State viable and prosperous. On the other hand, the Palestinian people who kept quiet when Mr Arafat bowed to international pressure and backed away from a pledge to declare a State in 1999 are unlikely to take another disappointment sitting down.

So the matrix is complex, mysterious and intriguing. A marathon West Asia peace Summit called to resolve 52 years of Israeli conflict in July came back from dead and ended in a failure. The nine day roller coaster Summit held at Thurmont (Mary land) came close to an abrupt breakdown over the crucial issue of Jerusalem. An exhausted and emotions US President had this to say, "We all thought it was over and then we discovered that no body wanted to go that no body wanted to give up". So, there should be no illusion about the difficult task ahead. This is really really very hard.... in fact extremely hard.

Uprooting the dowry menace

By Uma Joshi

Domestic violence in the con-text of dowry disputes is a serious problem in India. It is no secret that dowry deaths have been growing year after year despite the anti-dowry legislation which has become totally inadequate and ineffective. In fact, it has not at all served any purpose in checking the evil practice. In this context, the recent Supreme Court ruling that demand for dowry even during marriage negotiations is an offence under the Dowry prohibition act of 1961 has been welcomed by the nation at large.

According to one survey, a woman is harassed by her husband and in-laws every 50 minutes and 17 dowry deaths are reported every day. The persistence of the social scourge is not for lack of enough laws to deal with the problem.

In fact, in recent years new laws have been enacted and earlier ones have been tightened. For example, in 1986 a new offence 'dowry death' was introduced in the Indian Penal Code, carrying a minimum sentence of seven years' imprisonment for the offenders. The Evidence Act too was amended in the same year, shifting the onus of proof on the persons accused of committing dowry death to establish their innocence.

But fear of abandonment, lack of education and economic support, social stigma and protracted court battles force many victims not to report dowry-related harassment cases.

Now some drastic changes need to be made both in the law and in the implementing machinery. Only recently, the National Commission for Women (NCW) pointed out that there has not been a single case to show that the Dowry Prohibition Act has been utilised to prohibit giving and taking of dowry in marriage. Despite the loud concern and promises of those in power, the Act remains largely on paper. The majority of case work deals with the retrieval of Streedhan after breakdown of marriage. The institution of dowry itself remains untouched, while India continues to be a society governed by too many laws and too little justice.

In a case of dowry death, the Supreme Court held on April 8, 1987 that it was necessary to punish with death those convicted of murdering brides by burning them for more dowry so that it would be a deterrent to others. The apex court laid down that when the accused has been proved guilty, it is the duty of the court to deal with him in the most severe and strict manner and award the maximum penalty.

Thus, the Supreme Court has expressed its displeasure on the tendency of the trial courts to grant acquittals in dowry cases, disregarding the dying declarations of the wife, and the general hesitation to award death penalty even when the guilt is established.

As per the rules of the Union Government, if a case has been registered by the police against a Government servant in a dowry death case, he should be placed under suspension on submission of a police report to the magistrate that the prima facie evidence is sufficient to show that the offence was committed.

Connected with the evil of dowry system is the cruelty inflicted on a bride after marriage. As a result, the Criminal Law (Amendment) Act, 1983 was passed, under which cruelty to a woman by her husband or any of his relatives has been made punishable with imprisonment upto three years as also with fine.

Wilful conduct of such an offence by the husband or his relations as is likely to drive the woman to commit suicide or cause grave physical or mental injury to her, and harassment of woman by her husband or by any relative of her husband, with a view to coercing her or any of her relations to meet any unlawful demand for property, are punishable as cruelty.

These are cognisable offences if information is given to the officer-in-charge of police station by the victim of the offence or by a relative or by any public servant authorised by the Government.

Also, if any woman commits suicide within seven years of her marriage and it is shown that her husband had subjected her to cruelty, the court may presume that such suicide has been abetted by her husband or such relative of the husband. The onus of proof that a women who died in unnatural death was not murdered for dowry would be on the husband or his parents.

While the criminal law requires evidence of harassment to prove cruelty, the preponderence of probabilities was enough to infer this in matrimonial conduct. Whether or not the husband intended to hurt the wife, the dowry demand amounted to harassment under the Hindu Marriage Act, 1955 to justify the dissolution of the marriage in the eyes of law.

The option that wife has of ending the dowry torment through divorce represents at best a moral victory, but it does not ease her plight much. Apart from the social stigma, attached to divorcees, the prospects of going back to the parents' home is something that only few dowry victims can afford to contemplate with equanimity.

Defining the expression 'dowry', the Supreme Court judges have said that it cannot be confined merely to the "demand of money, property or valuable security" made at or after marriage. The legislature has in its wisdom while providing for the definition of 'dowry' emphasised that any money, property or valuable security given, as a consideration for marriage, before, at or after marriage would be covered by the expression 'dowry.'

The court has made it clear that the meaning of the expression 'dowry' as commonly used and understood is different than the definition thereof under the Act. Under Section 4 of the Act, mere demand of 'dowry' is sufficient to bring home the offence to the accused.

Thus, any 'demand' of money, property or valuable security made from the bride or her parents or other relatives by the bridegroom of his parents or other relatives or vice-versa would fall within the mischief of 'dowry' under the Act where such a demand is not properly referable to any legally recognised claim and relatable only to the consideration of marriage.

Apart from the legal action to uproot the evil of dowry, it is necessary to create a social environment against the system all over the country. Indeed, even a child needs to be convinced that the dowry system is an evil so that when he/she grows up, he/she rejects dowry at the time of marriage.

It is not necessary that with the spread of education, the dowry system will automatically disappear. As such, or women's groups should put up relentless pressure on the administration to see that the law is enforced in its real spirit.

There is also the need for an organisation along the lines of civil liberties groups to monitor and espouse the women's rights and protect their infringements. Without such watchdog groups, the problem will remain largely unredressed. So long as the system has social and cultural approval, no law against it can succeed.

The menacing proportions that the diabolical dehumanising dowry evil has assumed must attract and receive our first priority for the creation of an enduring social value system in the society.

Actually, dowry is a deep-rooted social malaise, which is prevalent even among the highly educated and well-off people. The country cannot wish away the problem by a mere change of laws. The current consumer culture has aggravate the evil practice. It can be fought only through social awakening and empowerment of women. What is indeed welcome is the sensitivity that the judiciary is showing towards the plight of women and other weaker sections.

Unfortunately, the police force often allows itself to be used by unscrupulous people to harass innocent citizens. Now that the apex court has expanded the definition of dowry, there is need to ensure that the scales of justice are titled in favour of the victims of this social evil.

Indeed, a major change in the social value system needs to be brought about before dowry can be given a decent burial. The problem is tough involving as it does getting rid of a custom which has plagued for society for centuries and which has now received sudden evulsion. As is well-known, family is the most important unit of our social fabric. The society is constantly evolving, and friction is part of the ongoing process of evolution. Disputes in any family are a very phenomenon. But it is unfortunate if this gets accentuated and shakes the very edifice of the family structure due to dowry demands.

With an aim to provide a forum for resolution of family problems other than the present court system, the Family Courts Act was enacted in 1984. In the words of the Act, these courts were to be established "with a view to promote conciliation in an secure speedy sattlement of disputes relating to marriage and family affairs or matters connected therewith" But the option of its enforcement was left entirely on the States. However, with these courts gaining more prominence these days with marriages coming under increasing stress and strain, it is unfortunate that it has yet to be enforced in a number of States, while operating half-heartedly in States where as has been enforced. Since there has of family courts has not had any significant achievement to make in solving family disputes.

To sum up, righteous indignation is understandable but the fight against social evil should begin in the minds of men. In fact, there should be public outcry against vulgar display of wealth in any form in our society. For obvious reasons, legislation cannot prevent, much less eradicate, the evil of dowry. What in needed is a broad-based social which has reconciled itself to such crimes. Indeed, the real and more effective deterrent would therefore be the social distaste of disapproval of dowry and dowry-seekers. Such a milieu has to be created so that even the mention of the word 'dowry' is considered vulgar and condemned outrightly.

PTI Feature

 
 



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