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Mizoram Assembly Clears Sweeping Reform of Marriage and Inheritance Law

The revised legislation seeks to update traditional practices while preserving the core values of Mizo customs, with a stronger emphasis on individual rights, particularly those of women.

 Mizoram Assembly Clears Sweeping Reform of Marriage and Inheritance Law

Guwahati: In a unanimous decision, the MizoramLegislative Assembly has approved a major amendment to the Mizo Marriage, Divorce, and Inheritance of Property Act, 2014, ushering in wide-ranging changes to long-standing customary laws on marriage, separation, and property rights.

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The amendment Bill was tabled by Chief Minister Lalduhoma, who also oversees the law portfolio. The revised legislation seeks to update traditional practices while preserving the core values of Mizo customs, with a stronger emphasis on individual rights, particularly those of women.

A key reform is the explicit ban on polygamy and bigamy. The amended law makes it illegal for any person to contract a second marriage while the first remains valid. Individuals wishing to remarry must furnish a legally recognised divorce certificate, reinforcing procedural safeguards and aligning state law with the Bharatiya Nyaya Sanhita, 2023, which criminalises such practices nationwide.

The most far-reaching change relates to women’s economic rights. Previously, a woman who separated from her husband was generally entitled only to reclaim her dowry or bride price, known locally as "Sum Chhuah." Under the revised framework, divorced or separated women can now claim up to 50 percent of assets jointly acquired during the marriage. The move formally acknowledges women’s contribution to marital property and offers greater financial security following the breakdown of a marriage.

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The amendment also introduces a significant shift concerning inter-community marriages. Mizo women who marry non-Mizos will no longer be governed by this Act. They will forfeit their Mizo customary status, and their children will not be recognised as Scheduled Tribe under its provisions, thus marking a clear departure from the earlier law, which applied irrespective of the spouse’s background.

In another progressive step, leprosy has been removed as a ground for divorce, with the Chief Minister noting that the disease is now curable and should not justify the dissolution of marriage.

The amended law, which is to be known as the Mizo Marriage and Inheritance of Property (Amendment) Act, will be implemented across Mizoram, except in the three Autonomous District Councils, where separate customary laws continue to govern personal matters.

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