Assam tables Uniform Civil Code Bill, proposes common law on marriage, divorce

GUWAHATI: Assam govt tabled a Uniform Civil Code (UCC) Bill in assembly on Monday, proposing a common law on marriage, divorce, live-in relationships and succession, following in the footsteps of Uttarakhand and Gujarat, to enact UCC post-Independence. The ‘Uniform Civil Code, Assam, 2026 bill’ introduced by state parliamentary affairs minister Atul Bora, states that the common legal framework for citizens is aimed at providing a tool for social justice and equality in the state. The bill also proposes to protect the state’s cultural diversity, allowing marriages to be solemnized through any existing religious ceremony or custom, including Vedic vivah, Nikah or Holy Unionamong others. Chief minister Himanta Biswa Sarma, said the govt will ensure the UCC functions not merely as policy but as a practical instrument for social justice and equality in Assam. “….. It paves the way for an on-record discussion on why #UCCAssam is the need of the hour and how it will help realise the path laid down by our founding fathers,” Sarma wrote in a social media post. The Bill makes registration of all marriages and divorces mandatory, creating official records the government considers essential for maintenance, inheritance, and other protections. It sets the minimum age at 21 for men and 18 for women and prohibits polygamy. “By requiring registration, the law ensures that the rights of partners - and any children born from such unions - are formally recognized and protected,” Sarma said. Once it becomes an Act, bigamy and polygamy would be punishable with imprisonment up to seven years under Section 82 of Bhartiya Nyaya Sanhita (BNS), 2023. Child marriage and marriage without valid consent would attract imprisonment up to two years or a fine or both under the Prohibition of Child Marriage Act, 2006. Fraudulent or deceptive marriages involving force, coercion, or concealment would be punishable with imprisonment up to seven years and a fine. Compelling a divorced person to meet unlawful conditions before remarriage would attract three years’ imprisonment and a penalty of Rs 1 Lakh. Marriage within prohibited relationships, unless protected by valid customs, would be punishable with imprisonment up to six months and a fine up to Rs 50,000, while deliberate, non-registration of a marriage or divorce within 60 days would draw a penalty of Rs 10,000. Submitting forged or fabricated documents during registration would invite imprisonment up to three months or a fine up to Rs 25,000 or both. The bill seeks to repeal the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, but those marriages, including polygamous, solemnized before the uniform code comes into force will be regularized by registration. For the first time, the Bill provides a legal framework for live-in relations. The Bill regulates live-in relationships by requiring registration within one month. It declares children born from such relationships fully legitimate and gives a deserted live-in partner explicit legal standing to seek financial maintenance through the courts. Failure to register a live-in relationship within one month would attract imprisonment up to three months or a fine up to Rs 10,000, while concealing material facts or providing false information would invite imprisonment up to three months and a fine up to Rs 25,000. The Bill also sets up the administrative machinery for implementation, including the appointment of registrars. Regarding succession, it establishes a uniform, gender-equal order of preference for intestate inheritance among Class-1 heirs, including the spouse, children, and parents of the deceased. It, however, excludes the scheduled tribes from its purview to preserve their constitutional protections. The Bill provides custody of children under five who would remain with the mother.