Assam UCC Bill 2026
WHY IN NEWS ?
If the bill is passed, Assam will become the first state in the northeast and third state in the country to pass a UCC bill, following the example of Uttarakhand, and Gujarat.
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 highlights of the Bill
- Marriage/divorce:
Compulsory registration of marriages and divorces within 60 days. - Inheritance / uttradhikar
: Includes spouse, children, and parents of the deceased for inheritance of properties. ( property (zameen, ghar, paisa, ya koi bhi sampatti)
Live-in relationships:
Mandatory registration within one month, children born out of a live-in relationship to be considered fully legitimate.
- Polygamy: It will be prohibited with imprisonment upto 7 years.
- Tribal Exclusion: It will not be applicable to any of the Scheduled Tribes residing in Assam.
Need of UCC
- To Uphold Secularism:
A secular republic like India needs a common law for all citizens rather than differentiated rules based on religious practices.
- Gender Justice:
It will promote gender justice by removing the inbuilt discriminatory provisions of personal laws.
It realizes "one nation, one law," ensuring religious practices do not obstruct legal uniformity.
- Others: To provide equal status to all the citizens, Simplification of Laws, etc.
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.
Arguments against UCC
- 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”.
Wazed Ali Choudhury
said enforcing the UCC would
- infringe upon personal liberties
- create social and religious tensions in a diverse country like India.
- polygamy,
- child marriage,
- other issues touched by the UCC ensure women’s empowerment.
All India United Democratic Front MLA Mazibur Rahman
said the UCC would
- violate the fundamental rights and
- existing legal provisions guaranteed to all citizens, including Assam’s 34.22% Muslims.
Trinamool Congress MLA Sherman Ali Ahmed
said that some provisions of the law,
- including banning triple talaq
- registration of live-in relationships, were acceptable.
- violation of the Quran’s guidelines related to certain marriage practices as it tries to control whom one should marry, and it violates fundamental rights. he said.
Raijor Dal MLA Akhil Gogoi warned that the Bill could allow surveillance of people’s private lives.
- “There is a scope for harassment by the authorities,” he said.
Quran and Shariat
The Congress is worried about how the Bill will affect practices followed under the Quran and Shariat,
but it did not mention the Bhagavad Gita or Ramayana once, indicating that the party represents just one community,” he said, referring to the BJP’s electoral promise to bring the UCC if voted to power in the April 9 elections.
Pointing out that Goa has had a UCC since 1961
when it was under Portuguese rule, the Chief Minister said the Congress supported such legislation twice before India attained independence, first in 1925 and then in 1937 through a committee headed by Jawaharlal Nehru.
Opposition members
excluding STs from its purview did not make the UCC ‘uniform’. The opposition parties also demanded that the proposed legislation be referred to a Select Committee for detailed examination.
SOURCE THE HINDU
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