Divorces on the rise sans arbitration councils

Panels were working under local govts before abolition


Afzal Talib January 24, 2021

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LAHORE:

With the weakening of the traditional family system and the abolition of the arbitration councils along with the local government system across Punjab, cases of divorce and separation have increased in the province, having long-term repercussions for the families involved.

The incumbent government made claims about restoring the local government system in its original spirit and introduced a new system in 2019 after abolishing the set-up formed in 2013.

It was announced that the primary health and education facilities would be managed by the local governments along with municipal services, but no final announcement has been made about holding new local elections.

In the local government system which came to an end almost a year and a half ago, there were 274 union councils in the provincial capital with arbitration councils consisting of elected Nazims, Naib Nazims and councilors that used play their role in cases for dissolution of marriage.

In the cases, the arbitration councils involved the parents and other relatives of the spouses to resolve their differences and save the family.

As the winding up of the local bodies also led to the absence of arbitration councils, cases of dissolution of marriage have increased because of the lack of the mediatory mechanism.

In 2019, the arbitration councils decided 3,912 cases for dissolution of marriage sought by women and 3,846 by men. More than 2,000 of these were old cases.

However, during last year, in the absence of the arbitration councils, 6,135 cases were reported, including 2,549 submitted by women and 3,568 by men.

In Lahore, the highest number of applications came from the Allama Iqbal Zone, from 580 women and 629 men, followed by 359 women and 401 men in Ravi Zone.

It has been observed that cases of women seeking dissolution of marriage have increased as compared to previous years. For the past several decades, local body elections were generally contested on the basis of support from various communities and the elected members also played their role accordingly. However, now the situation is changing and the influence of the Bradari system is decreasing.

It has been two and a half years since the present government came to power, while the new local bodies system was introduced in 2019.

Read Over 317 couples break free in courts this month

The process of appointment of officials of the local governments was also initiated. However, departments like the Lahore Development Authority, Water and Sanitation Agency and Parks and Horticulture Authority could not be made subordinate to the system. Committees have been formed in this regard but they have been unable to take effective decisions so far.

The date for holding the local elections is also yet to be finalised by the Punjab government and the Election Commission, although the voters’ registration and delimitation of constituencies have been completed.

In addition to the resolution of divorce cases, the citizens are also facing problems regarding municipal services due to the absence of elected representatives at the local level.

Advocate Zahida Sadiq, who works on women’s rights, said while speaking to The Express Tribune that the main reasons for the increase in divorces were the weakening of the family system and intolerance.

The instructions of elders were obeyed in the joint family system, but now the individuals were taking decisions on their own and there was also less willingness to forgive others for their mistakes.

The lawyer said family courts also needed to change the rules so that unilateral decisions could not be made. The abolition of arbitration councils closed an avenue of reconciliation. The government, civil society and the people should contribute to the resolution of such issues with patience and understanding, she added.

Published in The Express Tribune, January 24th, 2021.

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