WTF: In India Legal Age Sex = Marriage

Couple of right legal age indulging in sex are husband and wife: Madras HC

In a ruling which might have a far reaching impact, Madras High Court has said if a couple in the right legal age indulge in sexual gratification, it will be considered a valid marriage and they could be termed as husband and wife.

Chennai, Jun 18 :

"..if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," Justice CS Karnan said in his order.

He said that marriage formalities of tying a mangalsutra, garlands and rings were only for the satisfaction of society.  Either party could approach a family court for declaration of marital status by producing documentary proof for a sexual relationship.

The judge also said once such a declaration is obtained, the couple can establish self as each others' spouse in any government records.

Justice Karnan made these observations in his order Monday while modifying an April 2006 judgement of a family court in a maintenance case.

A family court in Coimbatore had ordered a man to pay Rs 500 maintenance per month to his two children and Rs 1000 as litigation expenses and had held that the woman's wedding with him did not have any documentary proof.

In his judgement, Justice Karnan directed the man to pay her maintenance of Rs 500 a month from the date of petition (September 2000) and that the arrears be paid within three months.

Mizoram Seeks More Security Fund

Aizawl, Jun 17 : Capitalising on the visit of the Union ministry of home affairs’ officer-on-special duty (OSD) to the state, the Mizoram government on Saturday underlined the need for security-related expenditure (SRE) in Mizoram, which is sandwiched between Myanmar and Bangladesh.

At a meeting here, Mizoram’s chief secretary informed the OSD, Anil Goswami, that the SRE from the ministry of home affairs excluded Mizoram on the ground that it was a peaceful state.

However, as Mizoram shares long porous borders with Myanmar and Bangladesh and insurgency-hit states in the Northeast, the state is very much in need of the fund like any other state in the region, if not more. “The non-receipt of SRE has hampered security measures in Mizoram,” the chief secretary told Goswami.

In response, officials said, Goswami assured him about taking all steps to include Mizoram in the list of SRE recipients. Intelligence sources said that Mizoram is a route for cross-border trafficking of arms as was evident from a recent haul of 33 AK-47 rifles.

In the important meeting with the visiting Union Home Secretary, Chief Secretary of Mizoram Mrs. L.Tochhawng apprised the latter that as Mizoram shares long boundary line with Myanmar and Bangladesh, its security cannot be neglected, and so due to non-receipt of ‘Security Related Expenditure’ (SRE) from the Home Ministry, security works used to get diluted. Regarding the matters that were apprised to him, Anil Goswami assured to look into the matter immediately.

Amongst the crucial matters discussed in the meeting with OSD Home also includes the fund requirement of 4th & 5th IR Bn., strengthening of police, Bru repatriation and of the ongoing construction of border fencing.

Visiting Anil Goswami also met Mizoram Governor Vakkom Purushothaman at his residence.
Anil told the Governor that he found Mizoram as a beautiful place which can be a tourists’ destination.

Later in the evening, Mizoram Chief Minister Lalthanhawla stressed about Security Related Expenditures (SRE) to the Union Secretary, besides apprising him of the need to construct police quarters.

Is The Game Changing in Mizoram?

By Prasenjit Biswas

On 23 May, the opposition Mizo National Front organised an anti-idolatry rally in Aizawl and there was a blast in the Assam Rifles’ temple complex that day. Following the signing of the  June 1986 historic Mizo Accord, Mizoram has been a picture of peace, so the new development appears to indicate a subterranean discord that mixes politics, ethnic identity and religion. Little is known to the outside world of these subtle changes in the tune and nuances of politics in Mizoram, but internally it signals a social and cultural fragmentation.

On a recent visit to Aizwal, I heard of how its residents felt a sense of insecurity vis-a-vis the haphazard construction of  residential buildings in a town that is prone to landslides and the government’s apathy. Their frustration has found expression in action, like Mizo Young Association members taking it upon themselves to drive out Chin refugees from the Lengpui area to make the city crime-free. Anger and grief directed against the ruling party and blaming the growing rates of crime on Chin refugees go hand in hand with the larger picture of social, religious and ethnic fragmentation of Mizo society into many ideologies and groups. Raising the issue of idolatry practised by some Mizo leaders is also a psychological ploy to confuse social insecurity with the loss of faith that afflicts the community.

The rally was an expression of ideological differences not only between political parties but also between various social groups and identities. The blast, for which the MNF blamed the ruling Congress, indicates the extent of ideological manoeuvres. The state home minister described the rally as a kind of self-infliction. This is nothing but an ideological contestation of a complex mix of ethnicity, religion and politics that hurts Mizo society.

The rally’s main objective was to expose how, during Durga  Puja, Congress  chief minister Lalthanhawla lit candles at a pandal. Opposition leader Zoramthanga argued that by doing so the chief minister had violated Christian ethics that prohibits the worshiping of idols. He also pointed out that the chief minister’s  wife, Lal Riliani, had even put colour on her forehead and broke coconuts.  According to him, all this exposed how the Congress was pandering to what the Mizos considered an “evil” and, therefore, outside the Mizo way of life.

There’s no gainsaying the fact that in a deeply Christian Mizo society, such public acts of display by the ruling party chief and his family members did not go down well with the masses as it contradicts their belief in Christ. The larger issue of secular practice by heads of a state as per the Constitution has not been broached by the MNF, but it simply hinted at the performance of a ritual that Christians are not supposed to indulge in.

This brings us to the issue of the Church’s hold on and influence in the political outlook and choices of the Mizo people as such. A respected public figure cannot cross that Laxman Rekha drawn by his faith. Going against the deep-rooted faith and belief of the masses by a public leader in the Mizo context is still to be accepted as “normal”. The MNF protest rally simply voices the sentiments of commoners, who are taught not to practice any form of idolatry.

All this brings back the issue of the authenticity of being a Mizo, which lies in following  God’s commandments. Obviously, in a plural Indian society a narrow and mono-religious notion of God creates tension, both for those who believe and those who do not. Zoramthanga’s reference to Exodus, Chapter 20 — which says  “I am the Lord your God, who brought you out of Egypt, out of the land of slavery” — very successfully revived the memory of the abolition of the bawi (slave) system by Christian missionaries as well as invokes the Mizo belief that they are part of the 12 lost tribes that moved out of Egypt. The eschatology of the exodus out of Egypt and the contemporary revival of Bnei Menashe (children of Menasseh) who are lost in India’s North-east and who now reconnect them with the resettled communities of Israel, are believed to be tribes of Manasseh. Such moves in imagination and faith constitute the contemporary sense of belonging to Mizo identity.

Having lost two elections consecutively, the MNF is trying to generate mass opinion against the Congress as a practitioner of “evil”. Such  political rivalry, as always, centres round a search for roots and an assumption of the right identity-roles that would ultimately decide who wins the ideological battle.

In this battle, the idea of election in a Hebrew sense becomes an argument for revival. Election marks a reconnection with the tribes of Manasseh through a journey into Israel’s territory. It also reinvokes the memory of the complex inter-clan relationship during and after the abolition of slavery. Clans such as the Raltes, Sailos, Hualngos, Lenchungs, Zadengs, Pacchaus, Chhakchhuaks, etc, and their complicated role during the anti-slavery movement, Mizo insurgency and their present social status determine the political influence of respective parties. The MNF’s playing the identity card is effectively countered by the Congress’s more prominent strategy of winning over people by its ideology of secularism. So, the whole picture seems to be emerging slowly into a game changing scenario through a carefully crafted ideological battle. 

The writer ~ an associate professor, Department of Philosophy, North East Hill University, Shillong ~ co-edited Construction of Evil in India’s Northeast, Sage Publications, New Delhi, 2012

On Top Of The World

By IBOYAIMA LAITHANGBAM



There is a saying in Manipur that there are, on average, two bicycles and one sportsperson in every Manipuri home. Bidyapati Ningthoujam comes from one such home.

On May 17, the 30-year-old Ningthoujam became the first Manipuri woman to scale Mt. Everest. If you imagined this mountaineer would be a sturdy Amazon of a woman, you are mistaken.

The slender and graceful Ningthoujam is, among other things, an accomplished dancer, and has given performances both on television and in several public performances.

A graduate of Liberal College in Luwangshangpham of Heingang valley, the keen sports girl was a National Cadet Corps cadet. Her father Kokngang and mother Borni are poor farmers who are hard pressed to provide two meals a day for their three children, leave alone the balanced and nutritious diet that a sportsperson needs. They say it’s a miracle that despite the deprivation their daughter has conquered the highest peak in the world.

Ningthoujam took part in debates and adventure sports while in the NCC, but she had an irresistible urge to climb and finally joined the Manipur Mountaineering and Trekking Association. Her mother recalls how every morning she would go jogging on the Imphal-Dimapur highway.

Her promising performance got her selected to the North-Eastern team of climbers to Mt Everest, an expedition sponsored by the North Eastern Council and guided by the Manipur Mountaineering and Trekking Association. “It’s a dream come true,” she says, smiling.

She is the proud winner of the Rs 10 lakh cash reward that the Manipur government announced to each mountaineer who scaled the peak. Biren Nongthombam, the MLA from her constituency, is persuading Chief Minister Okram Ibobi, who is keen to patronise sports in the state, to give her a job.

Not that Ningthoujam is resting on her laurels. She plans to climb Mt Kanchenjunga next. “I would love to climb K2 as well, but since it is in Pakistan, I will first conquer Kanchenjunga,” she says.

Despite her hectic schedule, like other Manipuri daughters, Ningthoujam helps her parents in the paddy fields and also earns money for the family with weaving and embroidery work.

Ningthoujam likes to talk about the difficulties of the climb and her close shave with death, as she scaled the peak with an icy wind blowing at 80 kmph. Already, she has become somewhat of a hero in her tiny state with its population of 27 lakh people, and several young sportswomen and climbers say they are eager to follow in her footsteps.

Honda Unveils 'CB Trigger' For Northeast India Market

Guwahati, Jun 18 : Country's second largest two-wheeler maker Honda Motorcycle & Scooter India today launched 150 cc motorcycle CB Trigger for the North-East aimed at capturing 20 per cent of the market in this segment in the region.

The CB Trigger is priced between Rs. 70,315 and Rs. 79,900 (ex-showroom, Guwahati), Vivek Taluja, Honda Motorcycle & Scooter India (HMSI) Division Head (Regional Office East), told reporters here.

The bike, which will compete with Bajaj Auto's Pulsar, claims to give a mileage of 60 kilometre per litre.

Talking about sales expectation from this region, Taluja said, "The 150cc category market in the North-East is around 2,600 units per month. We are targetting to capture 20 per cent share with the CB Trigger." The company is currently working on organising a rally from Guwahati in Assam to Tawang via Bombdila in Arunachal Pradesh to give its brand image a boost, and is inviting Honda customers to take part in it, he added.

"We are interested in organising a bike rally in the North-East to strengthen our brand image. We are considering to do it this year," Taluja said.

When asked if it will be for all HMSI buyers, Taluja said, "Usually premium bike owners are more willing to take part in such adventures. We are looking to invite customers who have bought bikes of 250cc or above category." HMSI at present has 17 dealers across the North-East region, and it is adding 3-4 more by the end of this year, he added.

Children Dig For Coal In India's 'Rat Holes'

ABC's Bob Woodruff poses with 17-year-old Pemba Tamang, a coal miner in the Indian state of Meghalaya. (Jake Whitman/ABC)
By BOB WOODRUFF (@bobwoodruff) and JAKE WHITMAN

KHLIEHRIAT, India June 17, 2013

Deep in the mountains of Northeast India, the workday begins with a treacherous, five-story climb down slippery bamboo ladders, with no safety gear and no emergency exits. The young coal miner leading the way is named Pemba Tamang, a 17-year-old boy who has been working here since he was just 12 years old.

Along with hundreds of other children who are desperate enough, and small enough, he works this dangerous underground system of tunnels nicknamed "rat holes."


The children who work here are lured by the promise of good wages in a region where one in four young people are unemployed. They will work eight hours a day, six days a week, for the equivalent of a few U.S. dollars per day.

To meet these young miners, we traveled to the Indian state of Meghalaya, a region rich in coal in a country desperate for it-- India relies on coal for nearly half its electricity.

We traveled with Rosanna Lyngdoh, a co-founder of the nongovernmental group Impulse.

In 2010, Impulse discovered hundreds of children -- some as young as 9 -- working in the surrounding mines. Three years after the problem was first exposed, it is still easy to find children working in dangerous and often deadly conditions.

"There's a human rights violation everywhere here, you can see that." Lyngdoh told us.
Tamang is one of the boys Lyngdoh and her group has been following. He has been working in the mines for nearly five years, drawn to the occupation after his father, who was also a coal miner, died from health problems, leaving Tamang with nothing.

Tamang said he begins his work each day at 5 a.m. by climbing into the giant pits, some hundreds of feet deep. He will then crawl into the small openings at the bottom, which stretch horizontally into the earth, and dig for coal for up to eight hours a day.

Tamang can expect to collect about two cart loads per day, worth about 500 rupees, or roughly $8.60.
This kind of child labor is banned under India's Mines Act of 1952. The law prohibits anyone under age 18 from working in the country's coal mines.

But enforcing the law is complicated, since it is left up to each state.

Also, India's Constitution says the tribal and native people have first say over the land -- opening the door for those eager to make money in the coal-rich state.

Because the children are small, they fit easily into the small tunnels, often no more than two feet high.

Young miners we met during our visit shared stories of horrific accidents -- roof collapses that killed fellow workers. Often those trapped have no way out, and little effort is made to save them.

Our visit coincided with the beginning of monsoon season in Northeast India, which brings the added threat of flash flooding. The region is also at high risk for a major earthquake. Tremors are felt nearly every day.

Tamang took "Nightline" into the confusing and dangerous system of tunnels -- a frightening journey lead only by dim flashlights.

He also shares with us his dream for the future, by taking us to a local school, to meet the reason he continues to risk his life every day.

Unrest Among Ex-Mizo Militia Over Non-Fulfilment Of Promises

By Sandeep Joshi

Aizawl, Jun 17 : It has been over 25 years since the Mizoram Accord was signed between the Centre and the Mizo National Front (MNF) to bring peace to Mizoram.

But growing disenchantment among the people of the north-eastern State with New Delhi is threatening the fragile peace.

What is alarming is the growing bitterness among the ex-militia, who used to be associated with the MNF’s armed wing, over the non-fulfilment of promises made by the government that could force them to pick up arms again.

“Even today at least two of the promises made by the Centre in 1986 are yet to be fulfilled. We are still to see criminal cases against three of our former colleagues dropped, while the desire of the people of Mizoram to have their own High Court seems to be a distant dream.

Similarly, the demand for compensation to two women who were raped by Army personnel in 1966 is yet to be fulfilled,” K. Lalnuntluanga, ex-Mizo National Army Association General Secretary, told The Hindu.

The Centre’s apathy towards the Mizo people and their problems can be gauged from the very fact that three top functionaries of the Association, despite camping for almost two weeks in Delhi last month, they could not meet Prime Minister Manmohan Singh, Congress President Sonia Gandhi and Home Minister Sushilkumar Shinde.

“People of Mizoram, particularly the youth, are getting frustrated with false promises and assurances by the successive governments,” said Mr. Lalnuntluanga.

Former members of the Mizo National Army who took part in the underground movement are angry over the non-withdrawal of cases against their former colleagues.

“The Union government had promised that no member of the MNF coming over ground would be prosecuted for offences committed in connection with and during the period of underground activities. But today also they are harassed by police.

There are at least three former MNA members who face criminal cases … one of them, Lalzarliana, has become mentally sick due to the constant burden of court cases and fear of police arrest,” claimed C. Zama, treasurer of the Association, which has around 4,000 members.

Long wait for justice

Another issue for the Mizo people is the long wait for justice and compensation for two women who suffered torture and mass rape by Indian Army personnel on November 30, 1966.

“From that time onwards, these two rape victims are mentally unstable and are looked after by their family members. Neither has any humanitarian effort been made to rehabilitate them nor has any compensation been provided to help them live a dignified life,” said Mr. Zama.

But what is more worrying is the willingness among the ex-MNA cadres to launch a violent movement to press for their demands, and their talks of joining hands with militants fighting in Nagaland and Assam.

“Unrest is simmering not only among disgruntled youths, but also among former cadres who again want to go underground … anyone from across the border can cash in on this negative sentiment.

The fate of the over two-decade old Mizo Accord is in limbo … we will have to convey our sentiments and the treatment meted to us by the government to the armed groups in Nagaland and Assam. The future ahead seems to be dark for us,” Mr. Lalnuntluanga added.

47 Yrs After Being Raped, 2 Mizo Women Are Compensated

By Adam Halliday

Aizawl, Jun 17 : The Central government has given Rs 5 lakh each as compensation to two Mizo women who lost their sanity after being allegedly gangraped by Indian Army soldiers 47 years ago, at the beginning of a 20-year insurgency in what is now the state of Mizoram.

Relatives of the two women told The Sunday Express that they "wept for joy" at the Centre's gesture, which came after former members of the Mizo National Army (MNA), the armed wing of the Mizo National Front (MNF) that fought a guerilla war against Indian armed forces between 1966 and 1986, lobbied with Union home ministry officials for compensation for the women.

Sources said the ex-MNA members, who were helped by retired Mizo IAS officer H V Lalringa, visited Home Secretary R K Singh in New Delhi on May 16. Singh is learnt to have advised them to open bank accounts for the women in order to channel the compensation.

Official sources confirmed that the money was recently paid from a secret fund after clearance from the highest authorities in the home ministry. The home ministry declined to comment officially on the matter.

"I wept when I heard the news from bank officials on Wednesday evening," J Laldula Sailo, a brother of one of the women told The Sunday Express over the phone from East Lungdar in Mizoram's Champhai district.

"I immediately hugged my sister and told her God has been kind to her after all the suffering," he said.

Sailo, who retired as a teacher from a government middle school and the son of the erstwhile tribal chief of Mualcheng village where the alleged sexual assaults took place, said that his sister these days sits around smoking most of the time, with a blank expression on her face.

He said she can do almost nothing by herself, and needs help to go to the bathroom or relieve herself. "She eats very little, and can only perform small tasks like putting her plate in the sink after she has eaten," Sailo said. "But she is generally not at all troublesome. She just sits quietly in a corner."

Sailo said his sister and her childhood friend were raped one night in November 1966 at Mualcheng, after Army personnel advanced towards the village after being fired upon by MNF rebels in East Lungdar. The soldiers were fired upon again as they came close to the village, and in retaliation, they herded all the villagers together and set fire to their homes.

Lalnghakliani Lailung, a state government employee and the younger sister of the other woman who was raped, said the two girls were kept separately in a small shack, where soldiers allegedly took turns raping them. Both the victims were daughters of prominent villagers — while the father of one was the erstwhile chief, the other was the daughter of the head of the village council.

"Since our parents died long ago, my siblings and I take turns to look after my sister. She has extreme paranoia, and for many years after she was raped, she would sew together long nightgowns and refuse to sleep alone. Even now she keeps talking of a big dark man she sees in nightmares, and is very suspicious of everyone. She says we are impostors who have dressed up like her siblings to harm her," Lailung said over the phone from Kolasib, the headquarters of a nothern district, where she plans to build a house to live with her sister. Her sister currently stays with relatives in another small town.

"I was so happy that I wept and prayed when I was told the compensation had come. The former MNA men have been very kind to us, pursuing the issue all these years," Lailung said.

"In a sense, we feel this gesture is an acknowledgment and an apology by the central government for the atrocities committed during those troubled times," she said.