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
non-APST on inherited immoveable property, right of an APST woman married to a non-APST on immoveable property owned and acquired by her, right of a non-APST woman married to an APST man, penalty on married person marrying again under this act, punishment of bigamy or polygamy or polygyny or polyandry, etc.
SUTHAHAR P 2 years 5 months ago
divorce by mutual consent, permanent alimony and maintenance, jurisdiction of the court, division of property on divorce, will, inheritance of father’s (head of the family) property, right of childless widow, distribution of property where there are lineal descendants, distribution of the village ancestral immovable property, inheritance of a woman’s personal property, right of child in womb, right of a predeceased wife to possess house property, right of an APST woman married to a non-APST
SUTHAHAR P 2 years 5 months ago
The objective of this article is to crisply explain the basic substantive provisions of the bill and to highlight the areas that need more refinement. The bill comprises 11 chapters and 53 sections dealing with, for example, solemnization of marriage, marriage ceremony, appointment of marriage officer, registration of marriage, marriage certificate, restitution of conjugal rights and judicial separation, nullity of marriage and dissolution of marriage
SUTHAHAR P 2 years 5 months ago
It is apt to mention Article 44 of the constitution, which requires the state to strive to secure for its citizens a uniform civil code throughout India. The Hindu personal laws were codified in 1956. The state of Goa has made uniform civil code, called the Portuguese civil code, 1867, applicable to all, regardless of any religion. The codification of new laws is perhaps the only way to make the customary laws progressive and certain.
SUTHAHAR P 2 years 5 months ago
At the outset, the author would like to emphasize that codification of law has become necessary in matters of marriage and succession or inheritance of property in the 21st century wherein the society has grown complex. It is a known fact that personal law subjects like marriage, divorce, inheritance come under the concurrent list, over which both the Centre and the state can legislate.
SUTHAHAR P 2 years 5 months ago
The Draft Bill consists of 53 sections, organized into 11 chapters, which deal with issues like ceremonies to be performed in a valid marriage, steps to solemnize a marriage, functions and appointment of a marriage officer, marriage registration, issuance of marriage certificates, dissolution of marriage, judicial separation, alimony and maintenance, and inheritance and distribution of property, among other things. The following are major aspects of the Draft Bill.
SUTHAHAR P 2 years 5 months ago
However, it is based on the idea that women no longer remain a part of the tribal community once they marry outside it. Such a belief is a manifestation of the patriarchal setup of society that invariably believes that a woman’s identity is contingent upon her marital ties. The fact that a woman’s sense of identity and background is ignored so conveniently to exclude her from the community she grew up in solely based on her marriage to a man belonging to a different community.
SUTHAHAR P 2 years 5 months ago
The primary controversy surrounding the Bill is that it provides for the retention of Scheduled Tribe status of women who marry men not belonging to the state of Arunachal Pradesh, and the property rights given to such women emanating from their Arunachal Pradesh Scheduled Tribe [APST] status. The opposition on the surface level may seem to be merely an apprehension of tribal land going under the control of non-tribal individuals.
SUTHAHAR P 2 years 5 months ago
The Arunachal Pradesh State Commission for Women has defended the draft bill; however, it suggested that there is room for improvement. According to Radhil Chai Techi, chairperson of the commission, since women do not have right to property, it makes them much more vulnerable economically, and they are often forced to continue to be in a polygamous relationship.
SUTHAHAR P 2 years 5 months ago
The Draft Bill seemingly aims to foster gender equality in the tribal community of Arunachal Pradesh. It is true that tribals have a right to preserve their own culture, but customary rights cannot infringe on the rights of the women. State government spokesperson Bamang Felix has assured that the Bill would not be tabled, and the feelings of the stakeholders will be given due consideration.