Page 98 - Communication Processes Volume 3 Communication Culture and Confrontation

The Indian Legal System 73

In addition to discussing the overlapping jurisdiction with the jati,
historian N.K. Wagle (1998) presents a review of the ways in which the
kotwal administered justice, especially towards women. The majority
of cases selected by Wagle demonstrate that the kotwal often took
women’s complaints seriously. Also, he did not hesitate to punish of-
fenders, whether men or women, when fault was proven.
Some cases involved men’s violence towards women. Harki came
to the cavdi (police station) to complain that her husband had been
beating her. The husband was summoned and the investigation proved
that he was indeed beating his innocent wife. He was fined and had to
promise not to beat his wife again (ibid.: 17). However, in some cases
the husband was considered to have rightfully beaten his wife. This was
the case of Hasan Musalman who beat his wife because she cheated
on him with Badlya Vani (she participated in sexual misbehaviour,
badkarma). Hasan also went with a stick to beat Vani. After com-
mitting these violent acts he went to the cavdi and proved that his
wife had committed badkarma. It was Vani who was fined (ibid.).
The information provided by Wagle does not always clarify the reason
men beat their wives, but when a reason is given it is linked to alleged
infidelity on the part of the wife. It appears that violence was not re-
lated to property or dowry issues. It is important to mention that men
did not have to physically assault a woman to be held responsible for
injuries or death. This was the case in instances of suicide, in which a
man (generally the husband) could be held responsible for a woman’s
suicide (ibid.: 20–21). This was so because women often killed them-
selves due to their husbands’ physical abuse. In some cases, men were
also held responsible for the suicide of their mistresses.
Other cases presented domestic violence perpetrated by female of-
fenders. In several cases mothers-in-law ill-treated their daughters-in-
law. Devki branded her 10-year-old daughter-in-law without the latter
being at fault. The mother-in-law was fined Rs 45 (ibid.: 17). Women’s
suicides were sometimes caused by the mother-in-law’s ill-treatment in
collaboration with other members of the husband’s household (ibid.:
22–23). In these cases, women as well as men were punished.
Although not numerous, some cases illustrate that men were at times
the victims of women, such as in the case of Pari Kumbharin of Sukravar
Peth. She beat her husband without him being at fault, which resulted in
his death. A fine of Rs 95, rather heavy for that time, was imposed on her.