Now Reading: Mizo woman challenges 2014 marriage law as misogynistic in Supreme Court
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Mizo woman challenges 2014 marriage law as misogynistic in Supreme Court
Mizo woman challenges 2014 marriage law as misogynistic in Supreme Court
Mizoram Congress functionary Meriam L Hrangchal challenged the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 in the Supreme Court on Monday, calling it misogynistic and biased towards Mizo men. The…
Mizoram Congress functionary Meriam L Hrangchal challenged the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 in the Supreme Court on Monday, calling it misogynistic and biased towards Mizo men. The law, enacted by the Congress government of Lal Thanhawla, codifies customary law but applies only when the male spouse belongs to a Mizo tribe.
Hrangchal, daughter of former deputy CM Lalhmingthanga, told a bench headed by CJI Surya Kant that the Act denies Mizo women who marry non-Mizo men access to a community-specific statutory framework for marriage, property and inheritance. She argued this infringes their right to equality, dignity and personal liberty under Articles 14 and 21, while a Mizo man marrying a non-Mizo woman retains full coverage.
The court asked why she had not approached the high court first. Her counsel cited safety concerns in Mizoram given the small community. The CJI accepted this and requested the Gauhati High Court Chief Justice to hear the case in Guwahati rather than the Aizawl bench.
Indian Opinion Analysis
The petition directly challenges the 2014 codification of Mizo customary law, which the Mizoram state assembly passed unanimously. The core asymmetry, covering Mizo men who marry outside the community but excluding Mizo women who do the same, reflects a patriarchal structure common in many customary personal laws across Northeast India. Few such statutes have been tested in court on gender equality grounds. The case also tests the Supreme Court's reluctance to interfere with tribal customary rights protected under Article 371G of the Constitution, which gives Mizoram special autonomy over its social and religious practices. The Gauhati High Court will now decide on the Constitutional challenge before any SC review, setting a timeline of several months.
Source: timesofindia.indiatimes.com
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