Aizawl, November 11: The misuse of 'talaq' is a problem not just in Muslim society, but in the tribal society of Mizoram an equivalent of the controversial word has caused miseries to married women for centuries. All a Mizo man has to do is just pronounce 'ka ma che' (I divorce you) to separate from his legal wife. Though the practice goes back to as far as memory stretches, the authorities only now woke up and promulgated an ordinance to stop the inhuman summary divorce.
The Mizo Divorce Ordinance, 2008, which is likely to be signed into law after the coming state Assembly elections, will not only check harassment of wives by men, but will also make it mandatory for them to give financial support to their divorced spouses.
The ordinance, which may bring about a fundamental change in the Mizo tribal society, has been hailed by women's organizations like the Mizo Hmeichhe Insuihkhawm Pawl (MHIP) or Women's Federation which said it would emancipate Mizo women from the strict regulations of a traditional patriarchal society.
The present Mizo Customary Law is looked upon by women in Mizoram as a patriarchal legacy which prevents a Mizo woman from having any right over the family property and also over her offspring.
Almost all marriages among Mizos are 'love marriages' and arranged marriages are almost unknown to the Mizos.
If a boy and a girl fall in love, the boy's family will send 'palai' or representatives of the boy's parents to discuss about marriage to the girl's parents and the marriage would be solemnised after both the parties agreed to the proposals.
The girl after the marriage will join the boy's family and will be entitled to take back only customary 'hmeichhe thuam' or belongings like a mattress, two pillows and her own garments if she is divorced by her husband.
She will go completely empty-handed if she commits adultery and is not allowed to take out even the clothes she is wearing.
According to the ordinance, if any one of the couple wants a divorce, he or she must approach the law court and submit a petition. Summary divorce has become illegal.
The grounds for divorce as put forward by a husband or a wife must satisfy the court in order to make any divorce legal and the husband, in accordance with his income, will now be liable to give alimony to his former wife and the amount will be fixed by the court.
'Community property', unknown to the Mizo society, will also be fixed by the court as any property acquired during the marriage can now be distributed amongst the couple. While the present Mizo Customary Law says that children belong to the father and the father can keep the baby after attainment of three years, the child's choice will now prevail.
The court can give the child to the father or the mother keeping in view the capacity to look after the child and the character of the mother or the father.
The ordinance was issued by the state Governor and is likely to be legislated when a new Assembly is formed after the November 29 state Assembly polls.
The Indian Divorce Act, 1869 was not in force in Mizoram as the Assam Frontier Regulation, 1888 says that the act is not extended to Mizo Hills.
The former President of the MHIP, Lalnipuii, has hailed the new law as the victory for women's organisations which have fought for a better deal for womenfolk.
''We are not fighting for supremacy over men, but we want equal treatment in terms of divorce and also our places in society,'' Lalnipuii said.
She said that the Mizo Customary Law is already a slight improvement for the women, but the Mizo Divorce Ordinance, 2008 emancipated the women.
However, lawyers and judicial magistrates argue that Mizo women themselves posed problems when the courts try property cases and even before the new law is in force the courts favour better deals for women.
K L Liana, a well-known judicial magistrate, says that when a widow is going to inherit her husband's property, the mother of her husband is always the first to object and invokes the Mizo Customary Law in the courts of law.
Vanlalremruata Tonson, a journalist, expresses the fear that the Divorce Ordinace may change the social fabric of the Mizos, saying, ''A woman looking forward to remarry may go for a divorce if she has a rich husband from whom she can receive a lot of property," Tonson says.
He adds that Mizo women are more independent now and may take their independence too far even at the cost of breaking the family
Source: http://www.expressindia.com/latest-news/Mizo-divorce-law-soon-to-prevent-talaq-equivalent--s-misuse/384222/
The Mizo Divorce Ordinance, 2008, which is likely to be signed into law after the coming state Assembly elections, will not only check harassment of wives by men, but will also make it mandatory for them to give financial support to their divorced spouses.
The ordinance, which may bring about a fundamental change in the Mizo tribal society, has been hailed by women's organizations like the Mizo Hmeichhe Insuihkhawm Pawl (MHIP) or Women's Federation which said it would emancipate Mizo women from the strict regulations of a traditional patriarchal society.
The present Mizo Customary Law is looked upon by women in Mizoram as a patriarchal legacy which prevents a Mizo woman from having any right over the family property and also over her offspring.
Almost all marriages among Mizos are 'love marriages' and arranged marriages are almost unknown to the Mizos.
If a boy and a girl fall in love, the boy's family will send 'palai' or representatives of the boy's parents to discuss about marriage to the girl's parents and the marriage would be solemnised after both the parties agreed to the proposals.
The girl after the marriage will join the boy's family and will be entitled to take back only customary 'hmeichhe thuam' or belongings like a mattress, two pillows and her own garments if she is divorced by her husband.
She will go completely empty-handed if she commits adultery and is not allowed to take out even the clothes she is wearing.
According to the ordinance, if any one of the couple wants a divorce, he or she must approach the law court and submit a petition. Summary divorce has become illegal.
The grounds for divorce as put forward by a husband or a wife must satisfy the court in order to make any divorce legal and the husband, in accordance with his income, will now be liable to give alimony to his former wife and the amount will be fixed by the court.
'Community property', unknown to the Mizo society, will also be fixed by the court as any property acquired during the marriage can now be distributed amongst the couple. While the present Mizo Customary Law says that children belong to the father and the father can keep the baby after attainment of three years, the child's choice will now prevail.
The court can give the child to the father or the mother keeping in view the capacity to look after the child and the character of the mother or the father.
The ordinance was issued by the state Governor and is likely to be legislated when a new Assembly is formed after the November 29 state Assembly polls.
The Indian Divorce Act, 1869 was not in force in Mizoram as the Assam Frontier Regulation, 1888 says that the act is not extended to Mizo Hills.
The former President of the MHIP, Lalnipuii, has hailed the new law as the victory for women's organisations which have fought for a better deal for womenfolk.
''We are not fighting for supremacy over men, but we want equal treatment in terms of divorce and also our places in society,'' Lalnipuii said.
She said that the Mizo Customary Law is already a slight improvement for the women, but the Mizo Divorce Ordinance, 2008 emancipated the women.
However, lawyers and judicial magistrates argue that Mizo women themselves posed problems when the courts try property cases and even before the new law is in force the courts favour better deals for women.
K L Liana, a well-known judicial magistrate, says that when a widow is going to inherit her husband's property, the mother of her husband is always the first to object and invokes the Mizo Customary Law in the courts of law.
Vanlalremruata Tonson, a journalist, expresses the fear that the Divorce Ordinace may change the social fabric of the Mizos, saying, ''A woman looking forward to remarry may go for a divorce if she has a rich husband from whom she can receive a lot of property," Tonson says.
He adds that Mizo women are more independent now and may take their independence too far even at the cost of breaking the family
Source: http://www.expressindia.com/latest-news/Mizo-divorce-law-soon-to-prevent-talaq-equivalent--s-misuse/384222/
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