Aizawl: The Mizoram Assembly on Tuesday unanimously passed an amendment to the Mizo Marriage, Divorce and Inheritance of Property Act, 2014, introducing sweeping changes to codify customary laws relating to marriage, divorce and inheritance while strengthening legal safeguards for women.
The legislation, introduced by Chief Minister Lalduhoma in his capacity as Minister for Law and Judicial Affairs, formally bans polygamy and bigamy, enhances women’s rights to matrimonial property upon divorce, and revises the applicability of the law in cases of inter-community marriages.
Under the amended provisions, no individual will be permitted to contract a second marriage while a previous marriage remains legally valid. Those seeking to remarry after divorce must now produce a divorce certificate as proof that their earlier marriage has been legally dissolved. Lalduhoma said the amendment brings state law in alignment with the Bharatiya Nyaya Sanhita, 2023, which criminalises bigamy and polygamy.
The amendment also alters the scope of the law in cases involving inter-community marriages. While the earlier Act applied to Mizo men and women even if they married outside the community, the revised law will not apply to Mizo women who marry non-Mizos. Lalduhoma said that in such cases, the woman would forfeit her Mizo identity and her children would not be eligible to claim Scheduled Tribe status, thereby placing them outside the jurisdiction of the Act.
Significant changes have also been made to address concerns over women’s financial security following divorce or separation. Under the previous law, a woman could reclaim only the dowry she brought at the time of marriage after ‘Sum Chhuah’ — the customary return of the bride price. The amended legislation provides that, following Sum Chhuah and divorce or separation, a woman will be entitled to claim up to 50% of the properties and assets jointly acquired during the marriage.
Lalduhoma described the changes as necessary to prevent exploitation under customary practices and to ensure greater economic justice for women.
In another reform, leprosy has been removed as a ground for divorce. Lalduhoma said that since marriage vows are taken “for better or for worse” and leprosy is considered a misfortune rather than a fault, it would be inappropriate to treat it as a reason for separation.
The amended law, to be known as the Mizo Marriage and Inheritance of Property (Amendment) Act, will extend to the entire state except for areas under the three Autonomous District Councils in southern Mizoram, which are governed by their own customary laws.
The unanimous passage of the bill marks a significant step in the evolution of customary law in the state, balancing tradition with contemporary legal standards and gender equity.