A Discussion on Arunachal Pradesh Marriage and Inheritance of Property Bill (APMIP Bill)
Littles boys and girls in the indigenous households of Arunachal Pradesh are brought up with utmost care to turn into responsible citizens of the nation. However, when it comes to ancestral properties, sons have been favoured as entitled heirs as per age old traditions, for the continuation of family lineage. Despite having autonomy in domestic affairs, women did not have the right to inherit their parents’ or spouses’ properties customarily. The exception being that, if parents pass on their movable property to their daughters, they gain total rights and in some instances (such as an only girl child to a parent), women get to inherit the properties in the form of land and other assets.
In light of this, the Arunachal Pradesh State Women Commission (APSWC) drafted the Arunachal Pradesh Marriage and Inheritance of Property Bill (APMIP Bill), 2021 in collaboration with the Arunachal Pradesh State for Protection of Child Rights (APSPRCR) and the Arunachal Pradesh Women's Welfare Society (APWWS).
The bill intends to address the wider general issues about socio-economic situations and women's rights. The bill calls for regulating divorce, alimony payments, and marriage registration. Additionally, it has advocated for the criminalization of polygamy and the protection of widows and legally wed wives' property rights. In addition, the bill's Section 43 promotes granting Arunachal Pradesh Scheduled Tribe (APST) women who marry non-APST males the right to possess real estate. The bill states that: “An APST woman married to a non-APST man shall enjoy the legal right over any immovable properties acquired or inherited from her family in her lifetime. In the event of her death, the spouse and her heirs would have full rights over it for disposal and alienation to any indigenous APST tribal”.
If one views the state's centuries-old distinctive culture through a prismatic lens, men in Arunachal Pradesh society exercise ultimate authority in domestic matters. However, if viewed from a pragmatic angle, Arunachalee women contribute significantly to the economic, political, and sociocultural activities of their significant community, making it a much-needed women-centric tribal society.
Mygov-Arunachal calls for a discussion on the Arunachal Pradesh Marriage and Inheritance of Property Bill (APMIP Bill), 2021 and invites you to share your valuable insight and opinion on the equality of women in the state of Arunachal Pradesh and what steps we can further carry out to make our society equal and liberal in all aspects.
SUTHAHAR P 2 years 5 months ago
Section 44 gives her limited right such as “shall enjoy any immovable property inherited from the head of the family in her lifetime,” in the event of her death, the property shall devolve upon the heirs of her ancestors from whom she inherited. The bill has also tried to give some property right to non-APST woman married to an APST man but it is subject to condition that, “as long as a non-APST woman remains a widow of her deceased APST husband.
SUTHAHAR P 2 years 5 months ago
Another key provision is Section 45 on the inheritance to immovable property owned and acquired by an APST woman married to a non-APST. In case the woman dies, her husband and her heirs would have full rights of it for disposal and alienation to any indigenous tribal of Arunachal Pradesh. What about the immovable property inherited by an APST woman from the head of family married to a non-APST man?
SUTHAHAR P 2 years 5 months ago
This legal responsibility will transfer to the wife (widow) who takes over as the head of the family after the death of husband and this is implied from the bill. But an important question is what if the father distributes the property amongst his children while alive? What if equal share is not given to all children? What if no share is given to daughter? The bill has no express provision regarding such circumstance, assuming such things occur.
SUTHAHAR P 2 years 5 months ago
It may be noted that lineal descendants have not been defined in the definitional clause in the bill. The general meaning of this is direct offspring, children or grandchildren. Section 37 specifically states that the property of the intestate shall be equally divided among all his surviving children.
SUTHAHAR P 2 years 5 months ago
In such event, Section 37 provides for distribution of property where there are lineal descendants, the property of the intestate shall be equally divided among all his surviving children, but where the intestate has not left surviving him any child or children but has left grandchild or grandchildren, the property shall belong to his surviving grandchild if there is one, or shall be equally divided among all the surviving grandchildren (Section 37).
SUTHAHAR P 2 years 5 months ago
The bill is satisfactory in these aspects. However, inheritance rights of children, assuming the term ‘children’ includes both son and daughter, or by implication that children includes both son and daughter, has not been elaborately dealt with. The bill deals with intestate succession of father’s property, ie, after the death of head of family and father dies without making a ‘will’.
SUTHAHAR P 2 years 5 months ago
Key takeaway points: The main thrust of the bill is on legal status of marriage, procedure of marriage registration, property right of wife, widow’s rights, treating polygamy as an offence. Two significant contribution of the bill is with respect to criminalization of polygamy (prospectively means second marriage held before the law comes into force will not be affected) and property right of the legally wedded wife and widow.
SUTHAHAR P 2 years 5 months ago
But explanation to the section expressly states that provision does not apply to the marriages already solemnized before the commencement of this act. It is submitted that Sections 50 and 51 are essentially dealing with the same matter, therefore one section will suffice.
SUTHAHAR P 2 years 5 months ago
Section 51 also deals with offence of bigamy or polygamy or polygyny or polyandry by categorically stating that any person whose marriage is solemnized under the act after commencement of this act is void if at the date of such marriage either party has a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860) shall apply accordingly.
SUTHAHAR P 2 years 5 months ago
Bill’s status on polygamy: According to Section 50, every person who, being at the time married, procures a marriage of himself or herself to be solemnized under this act shall be deemed to have committed an offence under Section 494 or Section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.