Introduction
The state of Mizoram, located in Northeast India, is characterized by its unique cultural practices and customary laws, particularly in the areas of marriage, divorce, and inheritance. Historically, the Mizo people, once known as the Lusei tribe or Lushais, are believed to have migrated from Burma, and they are of Mongolian origin. The Mizo society has traditionally adhered to patriarchal norms, which are deeply embedded in their socio-cultural fabric. The customary laws of Mizoram were first documented by British official N.E. Parry in 1928. Post-independence, Mizoram was granted special provisions under the Sixth Schedule of the Indian Constitution, allowing the establishment of District and Regional Councils to preserve the traditional autonomy and self-governance of the people.
Mizo Marriage
The Mizo Marriage, Divorce, and Inheritance of Property Act, 2014, defines marriage as a union between a man and a woman, both of whom must be of legal age. The Act, while codifying the traditional practices, maintains the customary marriage price or bride price, known as *manpui*. This amount is set at a minimum of Rs. 420/-, which includes a security deposit (*thutphah*) of Rs. 20/-. This symbolic deposit is meant to reassure the bridegroom’s family that the bride will not be a financial burden but will contribute to her marital home.
Marriage under this Act is formalized through a notice to a Licensed Officer, who sets the date and time of the ceremony in consultation with the parties involved. The marriage is then solemnized in the presence of at least two witnesses, and a certificate issued by the Licensed Officer serves as legal proof of the union. Such marriages must be registered under the Mizoram Compulsory Registration of Marriages Act, 2007.
Sections 8 and 10 of the Act address the validity of marriages. Section 8 considers marriages as voidable if the couple lives together under certain conditions that do not constitute a valid marriage, such as *inru* (a man taking a woman to live with him as his wife) or *tlandun* (elopement). Section 10 declares marriages void if they involve individuals of the same sex, if one or both parties are already married to someone else, or if either party is underage. These marriages are considered void ab initio.
Divorce
In Mizo society, divorce has historically been seen through a lens that contrasts religious and customary views. While religion typically condemns divorce, Mizo customary law has recognized various forms of it, including monetary settlements where the woman returns to her parental home, and the man relinquishes claims to any portion of the bride price. If the marriage ends, the bride price is returned in full.
Mizo society holds female chastity in high regard, with strict standards applied to women who commit adultery during marriage. However, these standards are not equally applied to men. A woman who commits adultery while her husband is alive faces severe punishment, whereas men are not judged as harshly for similar actions. Divorce typically results in the woman losing custody of her children and having no economic security.
The Mizo Marriage, Divorce, and Inheritance of Property Act, 2014, defines divorce under Section 3(g) as the dissolution of marriage through customary practices. Section 13 of the Act outlines the grounds for divorce, which include adultery, irreconcilable incompatibility, cruelty, incurable mental illness, communicable diseases, abandonment, refusal to consummate the marriage, and mutual consent. The Act also provides for divorce if the wife refuses to go on *Lawi* (the act of entering the husband's home after marriage).
Inheritance of Property
Inheritance in Mizoram has traditionally followed patriarchal norms, where the youngest son inherits the father's property. Daughters do not typically inherit unless there are no surviving sons, in which case the property is divided equally among daughters. The Mizo Marriage, Divorce, and Inheritance of Property Act, 2014, introduces new provisions regarding the inheritance rights of women, although these rights remain limited compared to those of men.
The Act recognizes three types of property: acquired, ancestral, and personal. A woman who leaves her husband on her initiative (sumchhuah) is only entitled to her personal property and has no right to the family's acquired property. However, if the divorce occurs due to the husband's cruelty, infidelity, or insanity, the woman may claim a share of the acquired property. In cases of mutual consent, the property is divided as agreed upon by both parties.
Mizo women can inherit property in various capacities, including as widows, unmarried daughters, married daughters, youngest surviving sisters, and illegitimate daughters. The Act specifies that a widow without children inherits her husband's entire property, while an unmarried daughter who cares for her parents and siblings is entitled to a share equivalent to that of sons. Married daughters may inherit if there are no surviving sons or unmarried daughters.
Conclusion
The Mizo Marriage, Divorce, and Inheritance of Property Act, 2014, represents a significant legal development in Mizoram, aiming to empower women in the areas of marriage, divorce, and inheritance. While the Act introduces new provisions that strengthen women's rights, it continues to reflect a patriarchal bias, particularly in inheritance matters. Despite these limitations, the Act marks a step forward in recognizing women's rights within the traditional Mizo society. The ongoing challenge is to balance customary practices with modern legal standards to ensure gender equality in all aspects of personal law in Mizoram.
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