Aizawl: Amid a growing public debate over recent changes to the Mizo marriage and inheritance law, Chief Minister Lalduhoma has defended the amendments, asserting that they were the outcome of an extensive consultative process and not a unilateral decision of the government.
The Mizo Marriage and Inheritance of Property (Amendment) Bill, introduced by Lalduhoma in his capacity as Law Minister, was passed by the Mizoram Assembly last week. The legislation further codifies Mizo customary law and strengthens the principal Act of 2014 by introducing specific provisions on polygamy, inter-community marriages and women’s property rights.
The amendment formally prohibits polygamy and provides women the right to claim up to 50% of matrimonial property. However, controversy has arisen over interpretations suggesting that the law could affect the Mizo identity and Scheduled Tribe (ST) status of women who marry non-Mizo men. The issue has drawn sharp criticism from civil society groups, including the Mizo Hmeichhe Insuihkhawm Pawl (MHIP), which has urged the government to withdraw the Bill, expressing concern that it may place Mizo women in a vulnerable position.
Responding to the criticism during a discussion on a private member’s resolution in the Assembly, Lalduhoma said the amendments were based on recommendations of the Mizo Customary Law Review Committee. The committee comprises representatives from 10 organisations, including MHIP and the Central Young Mizo Association (CYMA), as well as experts from Mizoram University and the State law college.
The Chief Minister pointed out that the earlier Mizo Marriage, Divorce and Inheritance of Property Act, 2014, provided that a Mizo woman marrying outside the community would be deemed to have entered her husband’s family, effectively separating her from certain customary rights. He said the customary law did not clearly define the status of Mizo women who marry outside the community and was also silent on the position of children raised strictly in accordance with Mizo culture and traditions.
Referring to a May 1977 circular issued by the Ministry of Home Affairs, Lalduhoma noted that a Tribal Certificate could be granted to children of inter-caste or inter-tribe marriages if they are brought up within the tribal community, face similar social disadvantages and are accepted by the community. However, he stressed that such cases must be examined individually and cannot be applied as a general rule. He also cited an October 2019 circular of the Ministry of Social Justice and Empowerment dealing with children of divorced women.
The Chief Minister further clarified that a Supreme Court ruling delivered in November last year was specific to the petitioner concerned and did not constitute a blanket precedent applicable to all Scheduled Castes or Scheduled Tribes.
Observing that inter-community marriages are an increasing reality, Lalduhoma urged people to move beyond what he described as an insular mindset. He said he was aware of several Mizo women married to non-Mizos who continue to maintain strong ties with the community and contribute to Mizo society.
Acknowledging the sensitivity of the issue, the Chief Minister suggested that a separate committee could be constituted to examine more comprehensively the legal and social status of Mizo women who marry outside the community and that of their children, indicating that the government remains open to further review and dialogue.