As dowry abuse casts shadow, law to come into force in Oz state next yr
Is dowry a problem for men and women living in Australia? It seems so, given that the state of Victoria has already passed an antidowry legislation which will come into effect next year.
Australian broadcaster SBS Punjabi, which spoke to a range of victims in Australia, found while women call it the price they are forced to pay at the time of marriage, men claim it is the price extorted from them during divorce.
One woman a week and one man a month are killed by a current or former partner, according to a report by the Australian Institute of Health and Welfare.
FORM OF EXTORTION
“I was punished for being a man,” says Shaan. An Australian citizen since 2007, he claims to be a victim of dowry abuse. It’s been seven years since his divorce, but he is still facing legal cases in Australia and in India because of “false dowry cases”.
He alleges that it was after six months of his divorce, his ex-wife filed four cases against him in Indian courts. One of them was a dowry case against him, his mother, brother, and his wife.
“Altogether I had 48 legal sittings in the dowry case alone. I have spent over ₹51 lakh (A$1 lakh) on legal costs already.” Finally in March 2018, the case was decided in his favour.
Many men and women of Indian background living in Australia tell similar stories. Ritu claims her three-and-ahalf years of marriage have been littered with violence and escalating demands for dowry. “At the time of the wedding, it was decided that we will pay them ₹20 lakh (A$40,000) but later they increased their demand to ₹30 lakh (A$60,000),” Ritu says.
Ritu alleges that things got worse after her husband and she moved to Australia with their child. “He beat me so badly that I suffered a miscarriage,” she says. Though Ritu has a permanent residency, she continues to be involved in multiple legal battles with her husband and his family, both here and in India.
MISUSE OF THE LAW
Traditionally in India, dowry is given by the bride’s parents to provide for her future in lieu of family inheritance. This practice was outlawed through the Dowry Prohibition Act in 1961 and subsequently, Section 498A of the Indian Penal Code. Despite the ban, the practice continues unabated.
But many men allege that this law is being increasingly misused by unscrupulous wives. Former additional advocate general of the Punjab and Haryana high court Rajinder Goyal says, “Nowadays, the law is being misused. The law does not require women to provide evidence of abuse, and there is a presumption of guilt until innocence can be proven.” The acquittal rate is 80%. The detention of Manpreet Singh Sabharwal and his younger brother, Pawandeep, both Australian citizens, in Dubai for 10 months, is perhaps a stark example of the misuse of this law.
The arrests were made after an Interpol red corner notice was issued against them in India by Manpreet’s former wife, Divya, who accused them of torture and demanding ₹15 lakh dowry.
The Sabharwals continue to face charges in India.
Kanwaljit Singh Bakshi, a MP in New Zealand since 2008, says he has seen a similar pattern in the Indian community settled there.
CAUSE OF FAMILY VIOLENCE
Melbourne-based psychiatrist Manjula O’Connor, who has campaigned hard for antidowry laws in Australia, believes dowry is the root cause of family violence in many Indian families. “40% of the women who approached us in the last two years had suffered dowry abuse, and this is only the tip of the iceberg.”
Kushalpreet Kaur told SBS Punjabi that Australia-based grooms are sought after and command a high price in India’s marriage market.
There are no statistics available for the extent of dowry abuse in Australia, but the department of home affairs confirmed that Indian nationals have received more visas under family violence provisions than any other nationality in Australia.
According to the department, 280 Indian nationals received family violence protection visas in Australia from 2012-18 with 180 of them receiving permanent residency in last three years.
The story is based on an investigation by the Australian SBS Radio, Punjabi. For a longer version, log on to https://www.sbs.com.au/ yourlanguage/punjabi/en/ article/2018/11/30/pricemarriage-and-divorce.
A WOMAN A WEEK AND A MAN A MONTH ARE KILLED BY A CURRENT OR FORMER PARTNER, AS PER A REPORT BY THE AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE