Uniform Civil Code, Assam, 2026

The Assam Legislative Assembly passed the Uniform Civil Code, Assam,
2026, making Assam the first state in Northeast India and the third state
nationwide (following Uttarakhand and Gujarat) post-independence. Goa
also has one common civil law, which continued from the Portuguese colonial
period.

Constitutional Basis:


● Article 44 (DPSP): Part IV of the Indian Constitution directs the state
to endeavor to secure a Uniform Civil Code for citizens throughout the
territory of India.
● Seventh Schedule (Concurrent List): Personal laws (marriage, divorce,
inheritance, adoption) fall under Entry 5 of the Concurrent List. This
empowers both Parliament and state legislatures to enact laws on
these subjects.

Key Provisions of the Assam UCC 2026

1.Marriage Regulations & Ban on Polygamy

  • Legal Age: Standardized at 21 years for men and 18 years for women, universally.
  • Ban on Bigamy/Polygamy: Completely prohibited. No person can marry if they have a living spouse. Violations invite imprisonment of upto 7 years under Section 82 of the Bharatiya Nyaya Sanhita (BNS), uf an existing marriage is concealed, the punishment can extend up to 10 years. Existing polygamous marriages are protected via a savings clause.
  • Prohibited Relationships: Lists 37 “degrees of prohibited relationship”
    (including first cousins) within which marriage is illegal, unless
    permitted by recognized customs.
  • Mandatory Registration: All marriages must be registered with the
    Sub-Registrar within 60 days.
  • Ceremonial Freedom: Grants full freedom to solemnize marriages via any religious custom (e.g., Vedic Bibah, Ahom Chaklong, Nikah, Anand Karaj)

2.Divorce Framework

  • Uniform Grounds: Prescribes common grounds for divorce (e.g., cruelty, desertion, mutual consent) for all communities.
  • Ban on Extrajudicial Divorce: No marriage can be dissolved without a formal court order.
  • Prohibited Practices: Customary divorce practices such as triple talaq, nikah halala, and iddat are strictly outlawed.

3.Live in Relationships

  • Mandatory Registration: Couples entering a live-in relationship must register with the sub-registrar within 30 days. This applies even to Assam residents living outside the state.
  • Protection of Rights:
    • Children: Any child born out of a registered live-in relationship is recognized as fully legitimate with full succession rights.
    • Maintenance: Deserted partners (primarily women) are granted explicit legal standing to claim financial maintenance through the courts.
  • Termination: Couples must submit a formal statement of termination when the relationship ends.

4.Succession and Inheritance

  • Gender Parity: Introduces a uniform, gender-equal order of preference for intestate (without a will) succession.
  • Class 1 Heirs: Ensures fair and equal distribution among spouses, children (both sons and daughters), and parents, removing historical gender disparities found in various religious personal laws.
  • Testamentary Succession: Any adult of sound mind is granted the legal right to execute a written, witnessed will for their estate.

5.Exemption for Scheduled Tribes (ST)

  • Provision: Scheduled Tribes (both hill and plain tribes) are completely exempted from the purview of the Assam UCC.
  • Rationale: To protect unwritten customary laws, cultural practices, and socio-cultural fabric as guaranteed under the Sixth Schedule (governing Bodoland, Karbi Anglong, Dima Hasao) and Articles 342/366 of the Constitution.