AIZAWL, Feb 24: The Mizoram Assembly on Tuesday unanimously passed a bill to amend the existing “Mizo Marriage, Divorce and Inheritance of Property Act” enacted in 2014 to codify the customary laws concerning marriage, divorce and property inheritance.
The new legislation, introduced by Chief Minister Lalduhoma in his capacity as the Minister for Law and Judicial Affairs, introduced transformative changes to traditional practices regarding polygamy, inter-community marriage, and women’s property rights.
The central pillars of the amendment are the formal ban on polygamy or bigamy and enhancement of women’s property rights when separated from their husbands.
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Lalduhoma said that under the new provisions, no individual is permitted to take a second spouse while a previous marriage remains legally valid.
He said that divorcees intending to enter a subsequent marriage must now produce a “divorce certificate” as proof that the separation from their previous spouse is legally finalised.
He noted that the amendment aligns the state law with the Bharatiya Nyaya Sanhita (BNS), 2023, the national penal code, which prohibits and criminalises bigamy and polygamy.
While the previous law applies to both Mizo men and women, who even married outside the Mizo community, the amendment will not apply to Mizo women who marry outside their community (non-Mizos).
“If a Mizo woman marries a non-Mizo, she will forfeit her Mizo status or identity, and her children will not be eligible to claim Scheduled Tribe (ST) status. In essence, they will no longer fall under the jurisdiction of this law,” the chief minister said.
Addressing long-standing concerns regarding the financial security of women, Lalduhoma highlighted new protections against the exploitation of customary practices.
He said that in the existing law while women could claim the only dowry she brought at the time of marriage upon divorce or separation after ‘Sum Chhuah’ (returning bride’s price), under the new law women will have the right to claim up to 50 per cent of the properties and assets acquired jointly during the marriage after divorce or Sum Chhuah.
Lalduhoma further said that ‘Leprosy” has been removed as a ground for divorce.
“Since we take vows to remain faithful “for better or for worse,” and because leprosy is considered a misfortune rather than a fault, we believe it is inappropriate to use it as a reason for separation,” he said.
The amended law will now be called ‘The Mizo Marriage and Inheritance of Property (Amendment) Act” and will extend to the entire Mizoram except to those communities in the three Autonomous District Council (ADCs) in the southern part of the state, which have their own distinct customary laws, the chief minister added. (PTI)
