A/55/280
activity in the country. The law enforcement bodies are
attempting to solve the incident in Tomsk and the
inquiry has been placed under the direct control of the
office of the Procurator-General of the Russian
Federation. The Government states that the office took
up 25 cases of incitement to national, racial or religious
hatred in 1998 and 10 in 1999. Judgement has been
passed in nine of those cases.
India
68. India replied in the following terms to the
allegation regarding the status of women (see
document E/CN.4/2000/65, para. 46):
Status laws applicable to the Muslim community
would allow unilateral divorce for men, which
would not be the case for women wishing to
divorce (allegation)
(a) Among Muslims, marriages are
governed by the Mohammedan Law prevalent in
the country. Under the Mohammedan law, a
Muslim husband may divorce his wife by the
mere pronouncement of the word talaq. However
a Muslim wife has much more restricted right to
dissolve her marriage.
(b) However, by the Dissolution of
Muslim Marriage Act, 1939 (8 of 1939), a
Muslim wife is given the right to dissolve
marriage on the following grounds: (i) if the
whereabouts of her husband are not known for a
period of four years; (ii) if the husband is not
maintaining her for a period of two years; (iii)
imprisonment of the husband for a period of
seven years or more; (iv) failure on the part of the
husband to perform his marital obligations,
without a reasonable cause, for a period of three
years; (v) impotency of the husband; (vi) the
husband’s insanity for a period of two years; (vii)
if the husband suffers from leprosy or virulent
venereal disease; (viii) if the marriage took place
before she attained the age of 15 years and was
not consummated; and (ix) cruelty. The Muslim
Women (Protection of Rights on Divorce) Act,
1986 (25 of 1986) also provides protection to
Muslim women in matters of divorce.
(c) Certain unwritten customary laws also
help to ameliorate the position of Muslim women
16
by permitting them to seek dissolution under the
following forms:
(i) Talaq-i-Tafwid. This is a form of
delegated divorce. According to this, the
husband delegates his right to divorce in a
marriage contract which may stipulate that,
inter alia, on his taking another wife, the
first wife has the right to divorce him.
(ii) Khula. This is a dissolution of
agreement between the parties to marriage
on the wife giving some consideration to the
husband for the release from marriage ties.
Terms are a matter for bargaining and
usually take the form of the wife giving up
her mehr or a portion of it.
(iii) Muhurat. Divorce by mutual consent.
(d) Regarding discriminatory provisions
of divorce between men and women, it is the
policy of the Government not to take any step
regarding the personal laws of various
communities until the initiative comes from the
concerned community itself.
Status laws applicable to the Christian
community, such as the Indian Divorce Act, would
allow divorce for men on grounds of adultery,
whereas women wishing to divorce would have to
prove spousal abuse and certain categories of
adultery (allegation)
The Government recently convened a
meeting of leaders of various Churches, Members
of Parliament, voluntary social organizations and
others concerned to discuss the problem and the
provisions of the draft Christian Marriage Bill,
2000, prepared by the Government. The
Government is trying to bring in a comprehensive
amendment to the personal laws of Christians
relating to marriage and divorce in line with the
changed socio-economic environment in the
community.
In spite of the Sati Prevention Act and the Dowry
Prohibition Act, religious traditions of sati and
dowry affecting women’s dignity and life do not
appear to have been eradicated in some rural
areas (allegation)