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
In a situation if wife was compelled to leave her husband by her husband’s domestic violence or cruelty, or her husband is wantonly sexually unfaithful or insanity of her husband, or depriving her of conjugal right except on health ground, she will have one-half share over the jointly acquired property. The right of a woman leaving her husband due to polygamy – if the husband divorces his wife
SUTHAHAR P 2 years 5 months ago
The head of the family (father) has ownership over all properties which are not registered in the name of any member of the family living under the same roof. The head of the family may dispose of any of his/her/their properties with the consent of the wife or the other members of the family. However, only woman shall have the right to alienate her personal property. The bill also protects the right of a woman leaving her husband by deserting him – If a woman leaves her husband.
SUTHAHAR P 2 years 5 months ago
Division of property on divorce (wife’s share): The bill classifies property into movable and immovable properties, inherited, acquired (self-acquired or jointly acquired), ancestral property and village ancestral property. Father is designated as the head of the family. In case of father’s demise, mother is the head of the family.
SUTHAHAR P 2 years 5 months ago
Guardianship of the child/children shall also be decided by the court as per the existing law in force, keeping in mind the best interests of the child, provided that a child below the age of 10 years shall be in the custody of the mother unless the mother is found unfit by the court for reasons to be recorded in writing as the custodian of the child.
SUTHAHAR P 2 years 5 months ago
Permanent alimony and maintenance: A wife who is unable to maintain herself can file application to the court for maintenance. The court may order that the husband shall pay to her an appropriate lump sum of permanent alimony. In case of minor child or children, unmarried daughter who are unable to maintain themselves as the case may be, are also entitled to maintenance and support.
SUTHAHAR P 2 years 5 months ago
Grounds for dissolution of marriage (divorce): Marriage solemnized after the commencement of the act can be dissolved on the grounds – For having voluntary sexual intercourse with any person other than their spouse, cruelty, desertion, irreconcilable incompatibility, unsound mind, mental disorder, venereal disease, renouncement of world, not heard of being alive for two years, no cohabitation for one year, no restitution of conjugal rights, wife can plea rape, sodomy, bestiality
SUTHAHAR P 2 years 5 months ago
Void marriage is no marriage in the eyes of the law. The parties do not have status of husband and wife. Under the provision on voidable marriage, any marriage solemnized before or after the act may be annulled by the court on the grounds of non-consummation wilfully, contravention of Section 4, wife was pregnant by other man at the time of marriage, consent obtained by fraud and coercion, provided either of the party was at the time of the marriage was ignorant of the pregnancy alleged;
SUTHAHAR P 2 years 5 months ago
An interesting feature given in one clause is, in marriage under local customs and rites, customary exchange shall not exceed the price of one mithun (as per the market rate). The government has to appoint a marriage officer for each district. Every marriage before or after the commencement of the act may be registered by the marriage officer, provided conditions under Section 4 are met. Registration of marriage under this act (if passed) shall be mandatory and applicable to all the persons
SUTHAHAR P 2 years 5 months ago
Most importantly it lays down the essential conditions of marriage, such as, neither party has a spouse living at the time of the marriage; neither party is an idiot or a lunatic at the time of marriage; the parties have attained the age of majority at the time of marriage; the parties are not within the degrees of prohibited relationship. Section 3 (k) defines ‘major’ as for the purpose of marriage, a person who, if a male, has completed 21 years of age, and if a female, has completed 18 years
SUTHAHAR P 2 years 5 months ago
Essential conditions of marriage, registration of marriage: The bill is made applicable to any person who belongs to any indigenous scheduled tribe of Arunachal Pradesh. It provides that a marriage between parties may be solemnized according to local customary rites and rituals of the either party.