GS Paper 1
Topics Covered: Women related issues.
Context:
Experts have asked the Arunachal Pradesh State Commission for Women (APSCW) to scrap certain provisions from the proposed Arunachal Pradesh marriage and inheritance bill, keeping in view the public sentiment and the state’s interest.
Overview of the draft Bill:
- Essential conditions of marriage, registration of marriage: The bill is made applicable to any person who belongs to any indigenous scheduled tribe of Arunachal Pradesh. It provides that a marriage between parties may be solemnized according to local customary rites and rituals of the either party.
- Restitution of conjugal rights, void and voidable marriage: The bill also provides for restitution of conjugal rights stating when either of the party has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights.
- Grounds for dissolution of marriage (divorce): Marriage solemnized after the commencement of the act can be dissolved on various grounds.
- Permanent alimony and maintenance: A wife who is unable to maintain herself can file application to the court for maintenance. The court may order that the husband shall pay to her an appropriate lump sum of permanent alimony.
- Bill’s status on polygamy: Every person who, being at the time married, procures a marriage of himself or herself to be solemnized under this act shall be deemed to have committed an offence under Section 494 or Section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.
Significance of the Bill:
- The main thrust of the bill is on legal status of marriage, procedure of marriage registration, property right of wife, widow’s rights, treating polygamy as an offence.
- Two significant contribution of the bill is with respect to criminalization of polygamy and property right of the legally wedded wife and widow.
Controversial provisions:
- An Arunachal Pradesh Scheduled Tribe (APST) woman married to non-APST man shall enjoy any immovable property inherited from the head of the family in her lifetime.
- In the event of her death, her husband and her heirs would have full rights of it for disposal and alienation to any indigenous tribe of Arunachal Pradesh.
Because of these Provisions, the draft Bill is termed as “anti-tribal”, “anti-Arunachal”, violative of customary laws and an invitation to outsiders to take over tribal land through marriage.
Insta Curious:
Section 9 of the Hindu Marriage Act, 1955 deals with restitution of conjugal rights. What are these rights? Reference: read this.
InstaLinks:
Prelims Link:
- About the Bill.
- Key Provisions.
Mains Link:
Discuss the concerns associated with the Bill.
Sources: the Hindu.
