Saturday, July 13, 2019

Case of Ingush Girl Highlights Strength of Traditional Cultural Norms throughout North Caucasus


Paul Goble

            Staunton, July 12 – The case of the Ingush girl who was tortured either by the authorities or by her extended family who by tradition supervised her after her parents divorced has called attention to the strength of adat norms not only in Ingushetia but throughout the North Caucasus (kavkaz-uzel.eu/articles/337768/ and  novayagazeta.ru/articles/2019/07/09/81176-adat-ne-dyshlo).

            The tradition of having children of divorced parents move in with one or another member of the family of the husband is part of customary law in that region, Olga Gnezdilova of  the Legal Initiative Group says; and often such children are isolated from their mothers and mistreated by those with whom they live.

            That appears to be the case here. The mother of the seven-year-old now in hospital has been denied access to the girl, and an investigation has found that the natural children of the woman with whom she had been living show no evidence of mistreatment. Nonetheless, the authorities have taken them from the woman and put them in foster care.

            Adat, “the complex of traditionally evolved local legal and behavioral institutions and norms in regions of the Islamic world,” does not require that such children be isolated from their biological mothers but it does suggest that they should be looked after not by them but by the families of the fathers.  As in this case, that does not always end well. 

            According to the report in Novaya gazeta, “adat is so strong that subordinates to itself any independence of Chechen, Ingush or Daghestani judges and their ability to judge, when they operate according to the law and good sense and not by the tradition” enshrined in this customary law.

            As a result, the Moscow paper says, “there are dozens if not hundreds of well-documented cases when mothers have unsuccessfully sued in republic courts for the right to educate or even spend some time with their own children after divorce.”   Instead and in violation of their responsibilities, judges uphold adat and not Russian law. 

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