[ad_1]
As debate raged over the implementation of the Uniform Civil Code (UCC), northeastern states were protesting the law, raising concerns about the various customary laws of the various tribes in the region, which it feared would be hindered.
The Northeast region is one of the most culturally diverse regions in the world with more than 220 ethnic groups living in the region.
In Mizoram, Nagaland and Meghalaya, where there is general opposition to the UCC, the proportion of tribal population is 94.4%, 86.5% and 86.1% respectively, according to the 2011 census.
The Chief Minister of Meghalaya, Konrad Sangma, recently clarified his stance on the UCC saying, “India is a diverse country and diversity is our strength. The party’s view so far is that a uniform civil law runs counter to the idea of India itself. We are a matriarchal society, that is what our strength has been and that What our culture used to be. Now that can’t be changed for us.”
Not only in Meghalaya, UCC has seen strong opposition in Mizoram and Nagaland as well.
Mizoram Assembly on February 14 unanimously adopted a formal resolution opposing any move by UCC in the country.
Mizoram Home Minister Lala Chamliana conveyed the resolution stating “This House has unanimously decided to oppose any steps taken or proposed to be taken to enact the UCC Act in India.”
She stated to Lachameliana that if implemented, UCC would lead to the disintegration of the country because it was an attempt to end religious or social practices, customary laws, cultures and traditions of religious minorities, including the people of Misos.
The 12-member Naga delegation, led by Chief Minister Neviu Rio, met Union Home Minister Amit Shah on Wednesday to talk to him about various concerns of the state, including UCC implementation.
A spokesperson for the Government of Nagaland and an advisor to the ruling NDP, Kenyi, said, “We have informed the Home Secretary of Section 371(a), which applies to Nagaland and is based on a 16-point agreement signed between the Naga tribes and the Government of India in July 1960. According to this agreement, in addition To Section 371(a), “The freedom we exercise in our religious and cultural practices cannot be prejudiced by any central law passed by Parliament. Only if such law is also passed by the State Assembly as a resolution, can it become applicable in the state of Nagaland.”
What is the main opposition?
The customs and cultures of the indigenous tribes of the Northeast have been preserved since time immemorial. The Constitution of India gives protection to their culture, customs, traditions and language against prevailing law. Meghalaya follows the matrilineal system, which is unique and different from other tribal and non-tribal patriarchal systems. Mizoram is also formalizing customary marriage and divorce law, which is similar to Mizo culture and traditions and also an attempt to create equal rights for people in marriage.
Marriage and divorce laws among the northeastern tribes are based on customary laws, which have special practices and rituals and differ for each tribe. The entire Northeast is home to more than 160 Table Tribes (STs) belonging to different ethnic groups and more than 400 distinct tribal and semi-tribal groups.
Is UCC required in the Middle East to achieve gender equality?
Young boys and girls in the Mizo community are free and treated as equals. However, equal participation in social, religious, educational, and economic activities by boys and girls does not necessarily translate into equal social and economic rights when analyzed in areas of personal law such as marriage, divorce, maintenance, child custody, and property rights with controversial issues and challenges.
Inheriting property in Mizoram
Property in Mizoram is viewed mostly from a patriarchal angle with implications in the social and cultural system of the community. It was in the year 1928 when Briton N. Barry documented Mizoram Martial Law.
But after independence, Mizoram was granted a special provision by the Government of India under the Sixth Schedule to establish District and Territorial Councils for proper administration in the state. This provision aims to maintain the traditional autonomy and local self-government of the people as the bodies at the village level operate in accordance with customary law.
According to Mizo customary law, the youngest son in the family is appointed to inherit the father’s land and property. Customary law states that a daughter has no share in her father’s property except when there are no children. In this case, the daughter inherits money, and if there is more than one daughter, the father divides it equally.
Marriage price or bride price: It is still the same as the customary law. According to customary law, the bride price was set at no less than 420 rupees. This includes the ‘thutphah’ or 20 rupees as security money, which is then returned to the groom’s family. It is considered a symbol to let the groom’s family know that they are not sending their daughter to burden their family, but that the amount will be used for her to invest and contribute to the marital home.
Although the Mizo customary law that came into force as of 2014, women were given some rights in terms of marriage, divorce and property ownership, it certainly did not make women match men.
divorce: There are different forms of divorce but there is a clear distinction between a woman who commits adultery during her marriage and after her husband’s death. If a woman committed adultery while her husband was alive, she would be severely punished. However, the same law is not followed when it comes to men, they are not judged on the same basis. A woman has no legal recourse when a man commits adultery while living in his marriage. A mizu woman’s divorce generally entails the loss of custody of her child/or children with no economic security for her future.
According to the Mizo Marriage, Divorce and Property Inheritance Act 2014, when a woman leaves her husband on the basis of ‘Samsuh’, which is what happens when a woman does not want to live with her husband. The woman is the one who voluntarily leaves the husband’s house. “Samsuh”: the release of money, that is, the bride price. She only has the right to take her personal property and has no right to the property acquired by the family.
But if it is due to domestic violence, her husband’s cruelty, her husband’s involvement in adultery, or her husband’s insanity, or she is deprived of her marital right except for health reasons and she is forced to leave her husband because of these reasons, then she cannot be deprived of her right to the acquired property.
When a husband divorces his wife on grounds of adultery, the wife is entitled to a share of the acquired property not exceeding 25% with her personal property. But when the husband voluntarily leaves his wife on the land of “kawngka sula mak” (meaning the old wife walks out the door when the new wife enters), she must receive a share of up to 50% of the acquired. Property.
If the divorce is based on mutual consent, both of them will share the acquired property as agreed between them.
Women in Meghalaya and Customary Laws
The Khasi community in Meghalaya follows a matrilineal system. Khasi women are treated with dignity and importance. They have had custody of the property for generations. In castration, even if the marriage is illegitimate, null or void, the legitimacy of the child is never questioned because motherhood is higher than social institutions. However, adultery remains a valid ground for divorce. Even the sons are the children of their mother, while the mother belongs to her mother and so on.
Marriage in private
Marriage between the vile is monogamous, but according to their customary practices, a man may also keep a second wife by making an informal deal with another woman. In such a situation, the first wife is treated as the real one and the second as “stolen”. Marriage within the community is considered a taboo among the vile.
According to their customs, if a person marries within the clan, he loses his right to inherit property, is excluded from the community and has no right to burial upon death with other family members. However, there are cases where a non-Khasi male married her daughters and took possession of her property. The marriage of a Khasi woman to an immigrant is not well received in the society, to the extent that the woman may lose all her property rights.
The marriage takes place in the church by the priest, whereas the traditional Khasi marriage takes place at the bride’s place with mediators or ksiangs on each side. For parties married under the Khasi Christian Marriage Law, registration of marriage is mandatory. But for parties married according to Khasi customary law, it is not necessary to register such marriages. In most cases, they are not registered.
divorce: Divorce among non-Christian Khasis is very easy and informal. They can simply get the usual divorce by throwing sponsors or brass in the air. Thereafter, they are considered to be mutually separated without any personal obligation to each other.
However, the grounds for divorce among Khasi Christians are governed by the provisions of the Indian Divorce Act, 1869.
In Mizoram where the proportion of voters between men and women is almost equal, women’s political representation is only about 10%. The same is seen in Nagaland and Meghalaya as well.
Thus, the implementation of UCC, with the exception of tribal laws, would be preferable to retain the tribal customary laws. However, the law may help eliminate the gender gap. Although general representatives in the Northeast have spoken out at UCC, women in the region remain silent on the issue.
[ad_2]
