Assam Government Introduces Uniform Civil Code Bill for 2026
Introduction of the Uniform Civil Code Bill
File image of Assam Assembly in session. (Photo:PTI)
Guwahati, May 25: On Monday, the Assam government presented the Uniform Civil Code (UCC) Bill for 2026 during the third day of the 16th State Legislative Assembly session. This legislation aims to establish a unified civil framework that governs marriage, divorce, inheritance, and live-in relationships throughout the state.
Objectives of the Proposed Legislation
Designed as a significant legal reform, the UCC seeks to promote equality, transparency, and gender justice by replacing religion-specific personal laws with a standardized legal framework applicable to all Assam residents. However, it specifically exempts Scheduled Tribes to uphold their constitutional rights and customary practices.
The Bill's primary goal is to create a cohesive legal structure for civil matters, including marriage, divorce, inheritance, and live-in relationships, regardless of religious affiliation.
While promoting legal uniformity, the legislation also respects cultural diversity by allowing individuals to perform marriages according to their traditional customs and religious practices.
Key Provisions of the Bill
Marriage Regulations
A significant aspect of the proposed law is the enforcement of compulsory monogamy, with the legal marriage age set at 21 for men and 18 for women.
Bigamy and polygamy would incur penalties of up to seven years in prison under Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Additionally, marriage registration will be mandatory across Assam, requiring couples to submit a marriage memorandum to the Sub-Registrar within 60 days of the ceremony. Failure to comply may result in a fine of Rs 10,000.
The Bill also allows marriages to be solemnised through existing customs and ceremonies, including Vedic Bibah, Ahom Chaklong, Saptapadi, Ashirvad, Nikah, Holy Union, and Anand Karaj.
Divorce and Child Custody Regulations
Divorce & Child Custody
The legislation proposes uniform grounds for divorce applicable to all communities, including cruelty, desertion, and mutual consent.
For children under five, custody will typically be granted to the mother during early childhood. Violating lawful divorce procedures could lead to imprisonment of up to three years and fines.
Additionally, compelling a divorced individual to meet unlawful conditions before remarriage may result in up to three years in prison and a fine of Rs 1 lakh.
Inheritance and Live-in Relationship Guidelines
Succession & Inheritance
The UCC introduces a gender-equal inheritance framework for individuals who die intestate. Class-I heirs will uniformly include spouses, children, and parents.
For testamentary succession, any adult of sound mind can create a written and witnessed will.
Regulations for Live-in Relationships
The Bill mandates the registration of live-in relationships within one month. Children born from such relationships will be recognized as legitimate, and deserted partners can seek financial maintenance through the courts.
Failure to register a live-in relationship within the specified timeframe could lead to imprisonment of up to three months or a fine of Rs 10,000.
Providing false information during registration may result in imprisonment of up to three months and fines up to Rs 25,000.
Penal Provisions and Repeal of Existing Laws
Penal Provisions
The Bill includes several punitive measures to prevent exploitation and unlawful practices in personal relationships. Key penalties include:
• Child marriage and marriage without valid consent may incur imprisonment of up to two years, fines, or both under the Prohibition of Child Marriage Act, 2006.
• Fraudulent marriages through coercion or concealment may lead to imprisonment of up to seven years and fines.
• Marriages within prohibited relationships, unless protected by valid customs, may incur imprisonment of up to six months and fines of Rs 50,000.
• Submitting forged documents during registration could result in imprisonment of up to three months or fines of Rs 25,000.
Repeal of Existing Law
The Bill also proposes the repeal of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, to streamline the state's legal framework. However, it includes a savings clause to protect polygamous marriages solemnised before the UCC's enforcement.