“Each people has its own established traditional values.”
A unique case was decided by the court in Ingushetia. A husband accused his wife of losing her innocence before marriage and subjected her to a humiliating examination by a gynecologist. The victim's family did not remain silent and filed a lawsuit in court.
In this story, for a modern person living in a metropolis, everything seems surreal and more like a historical film. In the 21st century, a man dissolves a marriage because his young wife lost her innocence before the wedding.
Of course, stories about patriarchal customs in the North Caucasus republics reach the Zoomers of Moscow and St. Petersburg. But most often they learn about that life from posts, for example, by Ksenia Sobchak, trying on traditional outfits sewn according to the design of the daughter of Chechen leader Ramzan Kadyrov. However, the modern facades of buildings in Grozny or Magas hide the patriarchal orders of the times of Imam Shamil. Men of the clan determine the entire life, the value of a woman is limited to her ability to bear children, and otherwise, everything remains as before.
Therefore, the civil court case in Ingushetia became unique.
The court considered the case regarding the protection of the honor and dignity of a young girl, whom her husband suspected of losing her innocence before marriage and on this basis returned his young wife to her family. For the patriarchal foundations of the North Caucasian republics, these accusations would mean shame for the family and the entire clan. The girl would forever become an outcast.
But the victim's family did not agree to put up with it, as the accusations were baseless. This was confirmed by the gynecologist to whom the newlywed husband dragged his wife for an examination. The court ruled that the man caused moral harm to the woman and imposed a fine of 50,000 rubles (500 euros).
Lawyer Lyudmila Aivar says that she has not heard of such cases in her many years of practice: a purely patriarchal conflict was resolved within the framework of federal legislation, which does not have a concept of "innocence".
In recent years, there have been known cases where adult Chechen girls, disagreeing with their assigned role, ran away from their families, and they were forcibly returned.
— Can a person's honor be tarnished, and does it include innocence?
— This case can be called unique for this region. Situations with similar stories periodically arise when virginity is the main argument for marriage. How many women did you have before me, and how many men did I have? This question has long ceased to matter to us. People meet, and if they are comfortable with each other, the past life is of no interest to anyone; it remains in the background.
— This is from a human perspective, but what about the legal one?
— The protection of honor, dignity, and business reputation exists as a concept in our law, although it is not defined in legislation what honor and dignity are. The very concept of "innocence" is not mentioned; there is no such legal term. Similarly, there are no other concepts in the law that demean honor and dignity or defame a particular person. If for some, the absence of virginity is a normal situation, for others it is a circumstance that tarnishes honor and dignity. It is a disgrace that the family and clan will bear.
— How does this reflect the Civil Code?
— There is a concept of honor and dignity; these are material goods protected by law. This is reputation in the eyes of others and the internal value of a person.
Will others judge you, what kind of reputation will you have — that of an honest person or a scoundrel who disgraced the family? Each cultural tradition has its own criteria.
There is a national element here. Chechnya is one thing, Ingushetia is another, Russia is a third, and so on. Each people has its own established traditional values. Naturally, since the girl suffered reputationally, her relatives did not go humbly, bowing their heads, but went to court and defended themselves. They chose an absolutely correct legal construct.
— What is this construct?
— This is a claim for the protection of honor and dignity, in this case, for the honor of the girl. This construct fits into Articles 151-152 of the Civil Code of the Russian Federation. Accordingly, the measure of protection is compensation for moral harm. The girl got married, there was a wedding, and then she is accused of being immoral. If the gynecologist proved that she is a virgin, the would-be husband comes and says: "Ah, since you are a virgin, I forgive you, let's live on." This will not happen! The court should have assessed all of this.
— Do you consider the compensation of 50,000 rubles adequate?
— Of course, 50,000 rubles is ridiculous. The girl was disgraced in front of her entire community, and they paid 50,000. But the important thing is the fact that now no one can judge her as "promiscuous." This construct can take different forms: someone is called a corrupt official, and he has no complaints, someone is called a whore, someone else something else. All of this is protected by Articles 151-152 of the Civil Code, honor, dignity, and business reputation of a citizen or legal entity.
— What are the peculiarities of law enforcement in national republics?
— There are stories in judicial practice from patriarchal republics where de facto they adapt to general norms, but taking into account their traditions and customs, they go a bit by religious principles, building their legislation. This is primarily discrimination against women.
— What do you mean?
— They say that traditionally a family is created in respect for the husband and in the interests of the child. And a woman is a tool that must ensure this. In 2021, there was a decision by the European Court of Human Rights regarding domestic violence, which stated that Russian courts did not protect a woman from domestic violence. A violation was recognized. And with the cultural-traditional context, I cannot provide you with practice. Typically, such situations are kept quiet, as this may contribute to inciting internal conflicts in the republics.
For the family we are discussing, this was a very serious step. It took courage to go to court. This is not a lawsuit from Macron's wife. France is a free country, but here is a national republic where it is unclear how this whole story could have turned out. It took courage not to swallow the social stigma that they have a "promiscuous" daughter, but to go to court and win it.
— So, do courts lean more towards traditions? But one cannot force an adult person to do something without their consent.
— It is hard to say why this happens. If we talk about Chechen girls who ran away from families and were returned, this is manipulation by law enforcement agencies. They talk about abduction or that a person is missing.
In this situation, this is the use of the law enforcement system to return a person, applying legally dubious tools.
We know that there were voluntary actions related to the departure of an adult person. And then relatives use various means to return the girl. And it is unknown what happens to her afterward and what her fate is. From my point of view, this is an illegal use of legal methods.
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