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 the case of APST women married to non-APST men, if the woman inherits immovable property from the head of her family, on her death, the property would be inherited by the heirs of the family head. However, in the case of self-acquired property, the husband or children of the woman would be able to alienate the property in favour of any tribal of Arunachal Pradesh.
SUTHAHAR P 2 years 5 months ago
In case an APST woman dies intestate, the property is inherited by children, children of any pre-deceased children, and the husband; secondly, by the heirs of the husband; thirdly, by the parents of the woman; fourthly, by heirs of the mother. In case there are no children (or children of any pre-deceased children) are present, the property of the woman will devolve to her father’s heirs if the property was inherited by the deceased intestate woman from her parents.
SUTHAHAR P 2 years 5 months ago
As per Section 37, in cases of intestate succession where lineal descendants are present, the property would be equally divided between the surviving children; if no children survive, then the property gets equally divided between the surviving grandchildren.
SUTHAHAR P 2 years 5 months ago
In cases of intestate succession, the wife of the deceased head of the family will become the new head. The widow(s) will be entitled to inherit half of the property, and the remaining half will be inherited by the lineal descendants. In cases where there are no lineal descendants, two-third of the property will be inherited by the widow(s), and the remaining one-third will be inherited by the kindred.
SUTHAHAR P 2 years 5 months ago
The Bill provides that the women have the sole right to alienate their personal property. They are also entitled to get one-third of joint property in case their husbands desert them. It further provides that the women would be entitled to half of the joint property if they are compelled to leave their husbands owing to domestic violence, husband’s adultery, insanity, and willfully abstaining from the consummation of marriage. Women have a right to get half of the acquired property.
SUTHAHAR P 2 years 5 months ago
n case the child is aged below ten years, the mother would get custody unless it is shown that she is not fit to take custody of the child; in such cases, the reasons behind not giving the mother custody of the child has to be recorded.
SUTHAHAR P 2 years 5 months ago
If a wife is not capable of maintaining herself, the court may direct the husband to pay alimony. Minor children, and unmarried daughters who are incapable of maintaining themselves are also eligible to claim support. While deciding the custody of the child, their best interests are to be kept in mind.
SUTHAHAR P 2 years 5 months ago
According to the Bill, a marriage can be dissolved on specified grounds, namely, adultery, cruelty, desertion, irreconcilable differences, unsoundness of mind, venereal disease, renouncement, either party not being a major, a spouse not heard of being alive for two years, and no cohabitation for minimum one year. In addition to these grounds, the wife can claim divorce on the grounds that the husband has committed rape, sodomy, or bestiality.
SUTHAHAR P 2 years 5 months ago
The Bill puts a cap on the customary exchange, which can be up to the market price of one Mithun (Gayal Bull, which is domestic cattle which is generally given by the bridegroom’s family to the bride’s family). It also provides for the appointment of Marriage Officers in all districts who will be required to register the marriages solemnized in their respective districts. It also talks about mandatory registration of marriage.
SUTHAHAR P 2 years 5 months ago
They must not be within degrees of prohibited relationship. Both the parties should be of sound mind, and must be major. Further, according to Section 3(k), a female must have completed 18 years of age, and a male must have completed 21 years of marriage for getting married.