The Assam government has introduced the “Uniform Civil Code, Assam, Bill, 2026” in the state Assembly, proposing a common civil legal framework governing marriage, divorce, succession and live-in relationships for all residents of the state.
The Bill, tabled on behalf of Assam Chief Minister Himanta Biswa Sarma by Parliamentary Affairs Minister Atul Bora, seeks to replace religion-based personal laws with a uniform system aimed at ensuring “absolute equality and gender justice,” according to a statement issued by the Assam Information Centre.
The proposed legislation, however, excludes Scheduled Tribes from its ambit in order to preserve constitutional safeguards and customary protections available to tribal communities.
Under the draft Bill, all marriages must be registered within 60 days of solemnisation, while live-in relationships are required to be registered within 30 days. Failure to register marriages or divorces within the stipulated period would attract a penalty of Rs 10,000.
The Bill also proposes statewide registration of marriages and divorces through submission of a memorandum before the Sub-Registrar within 60 days of the ceremony.
The proposed law prohibits polygamy and fixes a uniform minimum marriage age of 21 years for men and 18 years for women.
At the same time, the legislation allows marriages to continue being solemnised through existing religious and customary practices, including Vedic Bibah, Ahom Chaklong, Saptapadi, Nikah, Holy Union and Anand Karaj.
The Bill codifies uniform grounds for divorce, including cruelty, desertion and mutual consent. It also proposes that custody of children below five years would ordinarily remain with the mother.
For live-in relationships, the legislation seeks mandatory registration within one month and grants legal safeguards to partners and children born from such unions.
According to the draft provisions, children born out of live-in relationships would be treated as fully legitimate, while deserted live-in partners would have the legal right to seek financial maintenance through courts.
The Bill also introduces uniform inheritance rules by creating a gender-equal order of preference among Class-1 heirs, including spouses, children and parents, in cases of intestate succession. It additionally grants adults of sound mind the legal right to execute written and witnessed wills.
The proposed legislation includes penal provisions for violations related to marriage and registration procedures.
Under the Bill, polygamy or bigamy would attract punishment under Section 82 of the Bharatiya Nyaya Sanhita, with imprisonment of up to seven years.
Child marriage and marriages conducted without valid consent could lead to imprisonment of up to two years, a fine, or both, under the Prohibition of Child Marriage Act, 2006.
Fraudulent marriages carried out through coercion, force or concealment are proposed to be punishable with imprisonment of up to seven years along with fines.
The Bill further states that illegal dissolution of marriage outside prescribed legal procedures may invite imprisonment of up to three years and fines. Forcing a divorced person to fulfil unlawful conditions before remarriage could also lead to three years’ imprisonment and a penalty of Rs 1 lakh.
Marriage within prohibited relationships, unless protected by valid customs, would be punishable with imprisonment of up to six months and a fine of up to Rs 50,000.
Submission of forged documents during registration could attract imprisonment of up to three months, fines up to Rs 25,000, or both. Failure to register a live-in relationship within the stipulated period may also result in imprisonment of up to three months or a fine of up to Rs 10,000.
The Bill additionally proposes repeal of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, as part of efforts to streamline the state’s legal framework.
At the same time, a savings clause has been included to protect polygamous marriages solemnised before the proposed UCC comes into force.
The Assam Cabinet had approved the draft legislation earlier this month. The Bill is expected to be taken up for discussion and passage in the Assembly on May 27.
-ANI
