Assam’s Uniform Civil Code Bill, 2026

Syllabus: GS2/ Polity and Governance

Context

• The Government of Assam has introduced the Uniform Civil Code (UCC) Bill, 2026 in the State Assembly.
  • Assam became the third state in India to table a Uniform Civil Code (UCC) bill, following Uttarakhand and Gujarat.

What is Uniform Civil Code (UCC)?

• A Uniform Civil Code refers to the provision of one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption, etc.
• Aim: To replace the existing diverse personal laws that vary based on religious affiliations.

Constitutional Provisions

• Article 44 contained in part IV of the Constitution says that the state “shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. 
• Part IV of the Constitution outlines the Directive Principles of State Policy, which, while not enforceable or justiciable in a court of law, are fundamental to the country’s governance.

UCC in India

• UCC in Goa: It follows the Portuguese Civil Code of 1867, which means that people of all religions in Goa are subject to the same laws on marriage, divorce, and succession.
  • The Goa Daman and Diu Administration Act of 1962, which was passed after Goa joined the union as a territory in 1961, gave Goa permission to apply the Civil Code.
• In 2024, The Uttarakhand Legislative Assembly passed The Uniform Civil Code of Uttarakhand Act, 2024, becoming the first Indian State to adopt a UCC post-independence.

Key Provisions of the Assam UCC Bill, 2026

• Ban on Polygamy and Bigamy: The Bill mandates monogamy for all residents under its ambit. Bigamy and polygamy would attract punishment under the Bharatiya Nyaya Sanhita (BNS), 2023.
  • Existing polygamous marriages solemnised before enforcement of the law would remain legally protected.
• Uniform Marriage Age: The minimum legal age is fixed at 21 years for men and 18 years for women.
• Mandatory Registration: Registration of all marriages and divorces would become compulsory and couples must submit a marriage memorandum within 60 days of marriage.
  • Non-registration may attract penalties and fines.
• Regulation of Live-in Relationships: Registration of live-in relationships within one month has been made mandatory and children born from such relationships would be considered legitimate.
  • Deserted partners would have legal rights to claim maintenance.
• Uniform Grounds for Divorce: The Bill standardises divorce grounds such as; cruelty, desertion, mutual consent.
  • The Bill also penalises illegal dissolution of marriage and unlawful conditions imposed before remarriage.
• Gender-Equal Inheritance: The Bill establishes equal inheritance rights for spouses, children, and parents. It creates a uniform succession framework irrespective of religion.
  • Testamentary succession through written wills is legally recognised.
• Child and Fraudulent Marriages: The Bill prescribes punishment for child marriage and marriages conducted without valid consent.
  • The Bill also provides imprisonment and fines for fraudulent or deceptive marriages conducted through force, coercion, concealment, or misrepresentation.
• Exemption for Scheduled Tribes: The Bill excludes Scheduled Tribes (STs) from its purview in order to protect customary practices and constitutional safeguards available to tribal communities.

Arguments in favor of UCC

• Uniformity in Governance: Having a common set of laws would streamline governance and administrative processes, making it easier for the state to administer justice and ensure the rights of its citizens.
• Women’s Rights: Personal laws in different religions may have discriminatory provisions, particularly against women, and a uniform code will provide a more egalitarian legal framework.
• Secularism: A Uniform Civil Code is seen as a way to reinforce the secular fabric of the country by treating all citizens equally irrespective of their religious affiliations. 
• Promote national Spirit: The implementation of a UCC will promote the integration of India by establishing a shared platform for diverse communities.
• The Supreme Court in various judgments including Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, has called for the implementation of the Uniform Civil Code.
  • The Sarla Mudgal v. The Union of India (1995) judgment of the Supreme Court highlighted the urgent need for a Uniform Civil Code to prevent the exploitation of personal laws.

Arguments against UCC

• Against Constitutional provisions: UCC is perceived as an infringement upon the constitutional right to freely exercise one’s chosen religion found in Article 25 and 26 and the Sixth Schedule of the Constitution
• Fear of Majoritarianism: Some minority groups fear that the Uniform Civil Code may reflect the customs and practices of the majority community rather than a genuinely neutral framework.
• The Law Commission of India stated that a UCC “is neither necessary nor desirable at this stage”.

Way Ahead

• The authorities should consult with different sections of society before implementing the UCC to foster an environment of inclusivity, transparency, and respect for diverse perspectives throughout the process.
• Incremental reforms in personal laws may be more effective and socially acceptable than abrupt uniformity.
• Legal reforms should ensure that the cultural and customary rights of vulnerable communities remain safeguarded.

Source: TH