Forbes shares the optimism of Indian officials who believe the Protection of Women Against Domestic Violence Act may deter husbands and their families from dowry harassment and other forms of abuse. But the law has come under fire from critics who view it as merely cosmetic, and fear that it will go the way of so many provisions in the Indian Penal Code that look progressive on paper but are shoddily enforced. A prime example is dowry itself: Though prohibited 45 years ago, dowry payments continue to be a mainstay of Indian weddings. Police simply look the other way.
The sustained popularity of dowry payments underscores a deeper problem in India: entrenched cultural beliefs about women that defy the very laws put in place to combat them. Daughters are seen as a financial burden, and thus expendable. A United Nations report released this year estimated that female infanticide and sex-selective abortions account for 10 million "missing" Indian girls over the past 20 years. This is in spite of a 1996 law banning prenatal sex determination--a law that served mostly to push the practice underground. In Bombay and surrounding rural areas, billboards subversively advertise prenatal sex-selection tests with the slogan: "Spend 500 rupees now [on amniocentesis], save 50,000 rupees later [on dowry payments]."
Indian women have become casualties of the anxiety that comes with living in the world's most rapidly growing economy. Because they are not expected to work, women are viewed as a financial drain. This adds to the pressure to produce an extravagant
dowry, and gives in-laws perceived license to extract more and more dowry gifts from a bride's family for years after the marriage. The most promising aspect of the Protection of Women Against Domestic Violence Act is its guarantee of financial assets to women who have the courage to walk away from abusive husbands. Indian officials hope that this will give women the freedom to speak up about dowry harassment and other forms of abuse.
Though it appears promising, it remains to be seen what the new domestic abuse law means for women in India. An October 27 editorial in New Delhi's Hindustan Times wondered whether this new law would prove to be a "paper tiger" like the Dowry Prohibition Act of 1961. Vigilant enforcement and public awareness campaigns will be key to ensuring that the Protection of Women Against Domestic Violence act is more than just a straw-man law.
Abigail Lavin is a staff assistant at THE WEEKLY STANDARD.
*This article originally stated that: "Recent studies found that 70 percent of Indian women have experienced some form of domestic abuse." This statement was based on a 2005 report from the United Nations Population Fund. The U.N. has since questioned the validity of this number, calling the report "misleading." Since this article was published, the Washington Times has retracted similar statements.
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