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
Interestingly, the bill also mentions about property right of a non-APST woman married to an APST man. As long as a non-APST woman remains a widow of her deceased APST husband, she shall enjoy all the rights and property of her deceased husband. However, if she remarries, then all the immovable property inherited and acquired from the deceased APST husband during the lifetime shall devolve to the lineal descendant of her deceased husband.
SUTHAHAR P 2 years 5 months ago
An APST woman married to a non-APST man shall enjoy the right of any immovable property owned and acquired by her in her lifetime. In the event of her death, her husband and her heirs would have full rights of it for disposal and alienation to any indigenous tribal of Arunachal Pradesh (Section 45).
SUTHAHAR P 2 years 5 months ago
Right of an APST woman married to non-APST: According to Section 44, an APST woman married to a non-APST man shall enjoy any immovable property inherited from the head of the family in her lifetime, subject to the basic limit that the properties so inherited would devolve, in the event of her death, upon the heirs of her ancestors from whom she inherited.
SUTHAHAR P 2 years 5 months ago
Any property inherited by a female APST from her father or mother shall devolve, in the absence of any children of the deceased (including the children of any pre-deceased son or daughter or others) not upon the other heirs referred above in the order specified therein, but upon the heirs of the father.
SUTHAHAR P 2 years 5 months ago
APST woman’s personal property inheritance: Section 39 lays down rules with respect to inheritance of an APST woman’s personal property dying intestate (without a ‘will’), manner of its devolution in this order – firstly, upon the children (including the children of any pre-deceased son or daughter) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother and so on.
SUTHAHAR P 2 years 5 months ago
In the case of distribution of the village ancestral immovable property, the partition of the village ancestral immovable property of the head of the family shall be done according to custom governing the family concerned. With regard to the date of operation of inheritance, the right to inherit will operate only after the death of the person who owns property.
SUTHAHAR P 2 years 5 months ago
A husband surviving his wife has the same rights in respect of her property, as a widow in respect of her husband’s property. Regarding distribution of property where there are lineal descendants, it reads that 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
SUTHAHAR P 2 years 5 months ago
If the intestate has left no lineal descendants but has left persons who are of kindred to him, two-third of his property shall belong to his widow/widows and one-third shall go to those who are kindred to him (kindred or family/relations). It protects the right of childless widow. Nothing in this act contained shall prohibit any widow who at the time of the death of her husband is a childless widow, from inheriting the properties and share of her deceased husband.
SUTHAHAR P 2 years 5 months ago
Inheritance of father’s (head of the family) property: The relevant section begins with the expression, in the absence of a ‘will’, the following provision shall apply – On the death of the head of the family, the wife will automatically become the head of the family. The property left by the deceased husband will be inherited by the intestate’s widow, or if there are more widows than one, half of his property shall belong to all widows
SUTHAHAR P 2 years 5 months ago
Furthermore, the wife’s share in the joint property is equal to the share she contributed. A woman leaving her husband due to polygamy committed by her husband shall be given a share not less than 50 percent of the acquired property (‘acquired property’ does not include inherited property). However, these rights shall apply to only legally wedded first wife. When the first wife is no more or legally divorced, the right of the first wife shall go to the second wife, and so on.