Mizoram CM Lalduhoma defends amended customary laws amid growing debate

Amid an intense debate on social media and public platforms, Mizoram Chief Minister Lalduhoma has defended the recent amendments to the Mizo marriage and inheritance law, asserting that the changes were not a unilateral move by the government but were based on a broad consultative process involving multiple stakeholders.

The Mizo Marriage and Inheritance of Property (Amendment) Bill, introduced by Lalduhoma in his capacity as Law Minister, was passed by the Mizoram Assembly earlier this month. 

The legislation further codifies Mizo customary law and strengthens the principal Act of 2014 by introducing provisions related to polygamy, inter-community marriage and women’s property rights.

While the amendment formally bans polygamy and grants women the right to claim up to 50 per cent of matrimonial property, it has triggered controversy following interpretations that the law could strip Mizo women of their Mizo identity and Scheduled Tribe (ST) status if they marry non-Mizo men. The issue has drawn sharp criticism from civil society groups, particularly the Mizo Hmeichhe Insuihkhawm Pawl (MHIP), which on Friday urged the state government to withdraw the Bill, calling it potentially unsafe for Mizo women.

Responding to the criticism during a discussion on a private member’s resolution in the Assembly, Lalduhoma said the Bill was based on recommendations of the Mizo Customary Law Review Committee. He noted that the committee comprises representatives from 10 organisations, including MHIP, the Central Young Mizo Association (CYMA), along with experts from Mizoram University and the state law college.

The chief minister explained that the earlier Mizo Marriage, Divorce and Inheritance of Property Act, 2014 provided that if a Mizo woman married outside the community, she was deemed to have entered her husband’s family, thereby separating her from Mizo customary rights. “Our customary law does not clearly explain the status of Mizo women who marry outside the community; instead, it simply rejects them,” Lalduhoma said, adding that the law is also silent on the status of children raised strictly according to Mizo culture and traditions.

Citing a May 1977 circular issued by the Ministry of Home Affairs, Lalduhoma said a Tribal Certificate could be issued to children of inter-caste or inter-tribe marriages if they are brought up as tribals, face similar social deprivations and are accepted by the community. However, he noted that such cases must be decided on merit and cannot be treated as a general rule. He also referred to a similar circular issued by the Ministry of Social Justice and Empowerment in October 2019 concerning children of divorced women.

The chief minister further clarified that a Supreme Court ruling delivered in November last year was specific to the individual petitioner and did not constitute a blanket judgment applicable to all Scheduled Castes or Scheduled Tribes.

Observing that inter-community marriages are inevitable in today’s “global village”, Lalduhoma urged the public to move away from what he termed an “insular mentality”. He said he personally knows many Mizo women married to non-Mizos, living in other parts of India and abroad, who continue to be respected and actively contribute to Mizo society.

Acknowledging the sensitivity and complexity of the issue, Lalduhoma suggested that a separate committee could be constituted to examine in greater depth 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.