Entrepreneur and Congress functionary Meriam L Hrangchal has approached the Supreme Court challenging the constitutional validity of the Mizo Marriage, Divorce and Inheritance of Property Act, 2014, describing the legislation as discriminatory against Mizo women.
Hrangchal, daughter of former Mizoram deputy chief minister Lalhmingthanga, told a bench headed by Chief Justice of India Surya Kant that the law, which codifies certain customary practices, discriminates against Mizo women who marry outside the Mizo community.
Under the 2014 Act, the law applies to members of Mizo tribes and extends to marriages in which the male spouse belongs to a Mizo tribe. However, it does not provide the same statutory protection to marriages between a Mizo woman and a non-Mizo man.
In her petition, Hrangchal argued that Mizo women who marry non-Mizo men are denied access to a comprehensive legal framework governing marriage, divorce, property and inheritance. She contended that this exclusion violates their fundamental rights to equality, dignity and personal liberty under Articles 14 and 21 of the Constitution.
She further argued that the legislation undermines the independent identity of Mizo women and their connection to the Mizo community. According to her petition, the exclusion also affects children born from marriages between Mizo women and non-Mizo men, who may be denied the benefits available under the Act despite their continued association with the Mizo community.
The petition is also based on Hrangchal’s own marital circumstances.
The Supreme Court bench observed that the issue raised in the petition was significant, but questioned why she had approached the apex court directly instead of first moving the High Court.
Her counsel explained that, given the small size of the community, Hrangchal apprehended potential threats to her safety if the case were heard by the Gauhati High Court’s Aizawl bench.
Taking note of her concerns, the CJI-led bench requested the Chief Justice of the Gauhati High Court to consider hearing the matter in Guwahati, rather than referring it to the Aizawl bench.
