Page 97 - Communication Processes Volume 3 Communication Culture and Confrontation

72 Karine Bates

anthropological perspective is that the kotwal took the varied cultural
norms and social status of each community into account.
The relationship between caste councils and the kotwal is not clear.
2
What is clear from the cases available in the kotwal papers is that there
were overlapping jurisdictions between the caste panchayat and the
Peshwa state in punitive matters, particularly with regard to crimes
relating to the violation of caste norms and sexual misconduct. Thus,
according to Gune (1953: 85) and Kadam (1988: 341–43), the Peshwas
expanded state control over traditional judicial arrangements. The
kotwal’s appointment of nominated members on the local panchayats
was one of the means of asserting effective control over the decisions
of the latter. The caste panchayat or local panchayat worked in col-
laboration with the government to enforce punishments. There were
three types of punishment: royal punishment, prayaschitta (ritual
prescriptions for penance) and the exclusion of caste-fellows from
the caste (Gune 1953: 109–14). The Peshwa government applied royal
punishment and also had ultimate decisional power on all excom-
munications and re-entries to a caste. It also had jurisdiction over
matrimonial conflicts and sexual misconduct.
The government, through the kotwal, had a droit de regard over
the jatis’ or castes’ decisions. The government was informed of the
events surrounding all suicides and other deaths by violence. Also,
the jatis had to inform the government of their decisions, and failure
to do so attracted a fine. The kotwal may or may not agree with their
decisions. In an example of the government ruling over cases, the
kotwal established that Nathu’s wife committed suicide because of
her husband’s beatings. Within a month, the got (caste assembly) of
the Telis of Pune had decided that Nathu should be ostracized from
the jati. But two other Telis failed to enforce the decision of the got by
socializing with Nathu. The government summoned the two men and
decided in favour of the jati’s ruling. The two Telis should have con-
formed to the got’s decision (Wagle 1998: 21). A similar decision was
taken in another case (Gune 1953: 366). A 17-year-old girl was raped
and her father brought the matter to court. The rapist was arrested and
imprisoned. In addition, the girl’s ‘caste brotherhood’ (bandhusudha)
of the village seized the family watan (ancestral land) from the guilty
man and the watan rights were divided among other family members.
The court ratified the caste’s decision.