In News:

The Assam Legislative Assembly passed the Uniform Civil Code (UCC) Assam Bill, 2026, making Assam the first State in Northeast India and the third State in the country (after Goa and Uttarakhand) to implement a Uniform Civil Code. The legislation seeks to establish a uniform civil framework governing marriage, divorce, inheritance, maintenance, and live-in relationships, while exempting Scheduled Tribes (STs) to protect their customary laws.

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) refers to a common set of civil laws governing marriage, divorce, inheritance, succession, adoption, maintenance, alimony, and child custody, irrespective of religion, gender, or community. The objective is to replace religion-based personal laws with a uniform legal framework, thereby promoting equality before law and ensuring uniform civil rights.

The constitutional basis of the UCC lies in Article 44 under the Directive Principles of State Policy (DPSPs), which directs the State to endeavour to secure a Uniform Civil Code for all citizens. Although non-justiciable, Article 44 reflects the constitutional vision of promoting national integration and equal civil rights.

At present, India follows a system of religion-specific personal laws. Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Code Acts, Muslims by the Muslim Personal Law (Shariat) Application Act, 1937, while Christians and Parsis have separate personal laws. Goa remains the only State with a long-standing common civil code applicable across communities.

Key Provisions of the Assam UCC Bill, 2026

The Bill seeks to create a uniform civil framework by eliminating discriminatory personal law practices while introducing greater legal certainty.

It prohibits polygamy and bigamy, making such marriages punishable with imprisonment of up to seven years under Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023.

For the first time, the Bill provides a statutory framework for live-in relationships by making their registration mandatory within one month, with non-compliance attracting penalties. At the same time, it safeguards vulnerable partners by recognizing the legitimacy of children born from such relationships and allowing deserted women to claim maintenance.

The legislation also standardizes marriage and divorce laws by prescribing a minimum marriage age of 21 years for men and 18 years for women, while making registration of marriages and divorces compulsory within 60 days. It replaces the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, with a common registration framework.

Another significant reform is the introduction of gender-neutral inheritance rules, ensuring equal succession rights for spouses, children, and parents, irrespective of religious identity.

Why are Scheduled Tribes Exempted?

A notable feature of the Bill is the complete exemption granted to Scheduled Tribes (STs) residing in Assam.

This exemption recognizes the constitutional protection already available to tribal communities. The Sixth Schedule grants autonomy to tribal areas such as Bodoland, Karbi Anglong, and Dima Hasao, while Articles 371A and 371G protect the customary laws and social practices of Nagaland and Mizoram, respectively.

The exemption seeks to preserve tribal customs relating to marriage, inheritance, and land ownership, reflecting India's commitment to "unity in diversity" while simultaneously reforming the general civil law framework.

Judicial Stand on the UCC

The Supreme Court has repeatedly emphasized the need for a Uniform Civil Code while highlighting gender justice and constitutional equality.

• Mohd. Ahmed Khan v. Shah Bano Begum (1985): Observed that Article 44 has remained a "dead letter" and urged the State to implement a UCC.
• Sarla Mudgal v. Union of India (1995) and John Vallamattom v. Union of India (2003): Reiterated the importance of a common civil code.
• Shayara Bano v. Union of India (2017): Declared triple talaq unconstitutional, reinforcing gender equality in personal laws.
• Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019): Praised the Goa Civil Code as a model of uniform civil legislation.

Arguments For and Against the UCC

Supporters argue that the UCC promotes gender justice, equality before law, secularism, and national integration by replacing discriminatory personal laws with a common legal framework. Uniform inheritance rights, prohibition of polygamy, and equal treatment of women are viewed as important constitutional reforms that fulfil the vision of Article 44.

Critics, however, contend that a uniform code may infringe upon the freedom of religion under Article 25, as personal laws are closely linked to religious identity. Mandatory registration of live-in relationships has also raised concerns regarding the Right to Privacy under Article 21, particularly in light of the Justice K.S. Puttaswamy (2017) judgment. Others argue that social acceptance, administrative capacity, and the diversity of customary practices remain major implementation challenges.

Way Forward

The implementation of a Uniform Civil Code requires a balanced and gradual approach that reconciles constitutional values with India's cultural diversity. Codifying existing personal laws, as recommended by the 21st Law Commission (2018), could serve as an important first step toward eliminating discriminatory provisions. Simultaneously, reforms should evolve through broad stakeholder consultation, ensuring that gender justice, religious freedom, and tribal autonomy are harmoniously balanced.

The State should also review provisions relating to mandatory registration of live-in relationships to ensure they do not infringe upon individual privacy, while encouraging dialogue with tribal institutions to gradually reform discriminatory customary practices without undermining their cultural identity.