[Fantry Mein Jaswal]
8 March, 2022 – another day, another year, marking International Women’s Day. This year the day should have special significance for the women of Arunachal Pradesh because it is the golden jubilee year of the state. The golden jubilee celebrations were lavish, elaborate and befitting a state that has come out of its long struggle for freedom and self-determination as an independent and distinct tribal state of the union of India.
As we stand at the crossroads between celebrating the golden jubilee year and International Women’s Day today, let us introspect and do a fact-check on the status of the women of Arunachal Pradesh after 50 years of statehood. Have they been given equal rights and opportunities to march ahead and enjoy the fruits of what the state has achieved so far? Are women looked upon as equal to men across all tribal societies in the state? Has the government done anything for the betterment of women? I am afraid the answer to all these questions is a firm ‘No’. Many put forth the argument that our women have had access to education and many are pursuing careers; that they have the freedom to go out and dress in the manner they like. So their rights have never been denied to them. In fact, this is the perception of people in the rest of the country – that tribal women are very emancipated. This perception is wrong.
The true test of emancipation or progress for a woman is in her financial independence. This has been denied to her across all tribal societies in Arunachal Pradesh. Our societies are caught in a time warp of what the customary laws dictate. The bitter truth is that the laws were made by a bunch of men (with no women representation) to suit their own convenience. That is why the customary laws are so skewed in favour of men. Whether it is inheritance or marriage, women have been given a raw deal. That is not to say that women in the rest of the country were not discriminated against. But with time, these bad practices and discriminations have been done away with. The Hindu Succession Act, 1956, has been amended to give equal rights to daughters in ancestral property as that of a son. Our societies too have to look beyond the customary laws and bring about reforms where there is discrimination.
Women’s inheritance and marriage are two areas where there is an imperative need for reform.
The AP Marriage and Inheritance of Property Bill, 2021, was drafted by the AP Women’s Commission with this objective in mind. Very carefully drafted by an expert team appointed by the commission, the draft bill aims to guarantee property rights and protection in marriage, thereby ensuring a life of dignity to women. Financial independence will empower them to have control over their own lives and make their own decisions on whether to stay in an abusive marriage or seek divorce and alimony. Denial of financial independence forces a woman to stay in polygamous marriages much against her will, subjecting her to a life of humiliation and indignity.
The other important clause in the draft bill was to allow property rights to APST women who marry non-APST men. But it was so vehemently opposed that the commission decided to drop this section. Accordingly, the draft has been amended. I will not proffer any argument here as it is a non-issue now. Suffice it to say that to deny a woman her rights as an APST member of her society/tribe is to carry the argument to illogical proportions.
It is now time to right the wrongs that have gone on for so long. Fifty years is a long time for any society to evolve and change mindsets. I believe the time to act is now.
The draft bill has been submitted to the government of Arunachal Pradesh by the AP Women’s Commission. Chief Minister Pema Khandu has expressed that he is not opposed to the bill per se, but it will need to be placed in the public domain for discussion with CBOs/civil societies, etc, before it is tabled in the assembly. Several of his cabinet colleagues have voiced the same opinion. This certainly is the right course of action.
On International Women’s Day, the women of Arunachal Pradesh hope for the young, dynamic and forward-thinking Chief Minister, Pema Khandu, to initiate the process of discussion on the draft AP Marriage and Inheritance of Property Bill, 2021 at the earliest. (Fantry Mein Jaswal is a retired IRS officer and former chairperson of the AP Finance Commission.)
