Assam’s Leap Towards Equality: UCC Reforms Reshaping the State

Assam’s Leap Towards Equality: UCC Reforms Reshaping the State

PRADAKSHINA SARMAH

The Assam Legislative Assembly passed the Uniform Civil Code (UCC) Assam Bill, on May 27,2026 making it the first state in North east India and the third state in the country after Uttarakhand and Gujarat to adopt such legislation.

The Assam UCC Bill,2026, seeks to establish a uniform civil framework by banning polygamy, ensuring gender-equal inheritance, regulating live-in relationships, and standardizing marriage and divorce laws, while exempting scheduled tribes to protect their customary practices.

The debate over UCC revolves around balancing equality and diversity: Supporters view it as a step towards Gender Justice, Secularism, and constitutional goals under Article 44, while critics raise concern about religious freedom, privacy, tribal autonomy and social acceptance.

Key Provisions of the Assam UCC Bill 2026

• Ban on Polygamy and Bigamy: The Bill strictly prohibits polygamy and bigamy.

◦ Violations will invite imprisonment of up to seven years under Section 82 of the Bharatiya Nyaya Sanhita (BNS),2023.

• Exemption for Tribal Communities: In line with constitutional safeguards, the Bill explicitly exempts the Scheduled Tribes (STs) residing in Assam from its ambit, ensuring their customary laws remain untouched.

• Mandatory Registration of Live-in Relationships: It introduces a legal framework for live-in relationships, making their registration mandatory within one month (failure attracts a 3-month jail term or a fine.

◦ Children born out of such unions will be recognized as legitimate.

◦ Women deserted by live-in partners have the right to claim maintenance.

• Standardization of Marriage and Divorce: Sets the minimum legal age of marriage at 21 years for men and 18 years for women.

◦ Marriage and divorce registrations are now compulsory within 60 days.

◦ It repeals the Assam Compulsory Registration of Muslim Marriages and Divorce Act,2024, replacing it with this uniform framework.

• Gender-Equal Inheritance: The Bill introduces a uniform, gender-equal order of preference for intestate inheritance, ensuring fair distribution among Class-1 heirs (spouse, children, and parents) regardless of religious background.

• Exemption of Tribals from UCC

◦Constitutional Guarantees: The Constitution already provides special protections to tribal areas.

◦ For instance, the Sixth Schedule grants autonomy to tribal regions in Assam (Bodoland, Karbi Anglong, Dima Hasao), while Articles 371A and 371G protect the customary laws of Nagaland and Mizoram, respectively.

• Preserving “Unity in Diversity”: Tribal societies are governed by complex, unwritten customary laws concerning marriage, land ownership, and succession.

◦ Exempting them aligns with the state’s duty to protect their socio-cultural fabric while reforming general civil laws.

 Arguments Regarding the UCC:

Arguments in Favour:

• Gender Justice: Traditional personal laws across various religious often contain deeply entrenched biases against women, particularly regarding inheritance, divorce, and polygamy.

• Fulfilling the Constitutional Desideratum (Article 44):The framers of the Constitution placed the UCC under the DPSP with the explicit vision of fostering national integration.

• Protecting Vulnerable Modern Unions: The state provides a safety net for vulnerable partners (usually women) who might otherwise face desertion.

Arguments Against:

• Right to Freedom of Religion: Critics argue that the UCC infringes upon Article 25(freedom of conscience and free profession, practice, and propagation of religion), as personal laws are deeply intertwined with religious faith.

• Privacy Concerns in Live-in Relationships: The mandatory registration of live-in relationships and the punitive measures for non-compliance is viewed by legal experts as a violation of the Right to Privacy (Article 21).

• Implementation and Social Acceptance: Enforcing laws around live-in relationship and navigating the complex exceptions granted for specific customary practices will require a robust and sensitive administrative mechanism.

Measures implemented to Strengthen UCC:

• Codification of Existing Personal Laws:As suggested by the 21^st Law Commission of India (2018), before jumping to a single unified code, the state should first codify all existing personal laws.

• Balancing Rights:The state must strike a delicate balance between Article 44 and Article 25-28(Fundamental Rights).

• Safeguarding Privacy: Provisionsrelated to mandatory registration of live-in relationships should be reviewed to ensure they do not become tools of harassment or infringe upon individual autonomy.

• Tribal Reforms:While state laws like Assam UCC have blanket-exempted Scheduled Tribes (STs), this creates a “two-tier” citizenship where tribal women are left behind.

• Dedicated UCC Commission: Establishing an independent, statutory “Uniform Civil Code” Commission” to study global models of civil codes, monitor state-level implementations like Goa, Uttarakhand, and Assam, and draft a universally acceptable national template.

The Finish Line

To successfully integrate a Uniform Civil Code, the State must recognize that uniformity should not be achieved at the cost of India’s pluralism. The key is to put gender equality at the center, build consensus across communities, and roll it out in phases. In this way, Article 44’s vision can be achieved while keeping the country’s social and cultural fabric intact.

REFERENCES:

1.Assam Assembly passes Uniform Civil Code Bill, The Hindu Bureau

https://www.thehindu.com

2.UCC and the Making of a New Assam: A Defining Reform Under Dr. Himanta Biswa Sarma

https://sikkimexpress.com

3.Assam Becomes Third State to Adopt UCC: Reform for Gender Justice or Communal Politics?

https://sabrangindia.in

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