Guwahati

The Assam government on Monday tabled a Bill on the Uniform Civil Code, envisaging ban polygamy and making registration of live-in relationships compulsory. The Bill, however, said that it will not be applicable to any of the Scheduled Tribes residing in Assam.

State parliamentary affairs minister Atul Bora tabled 'The Uniform Civil Code, Assam, 2026 Bill' in the assembly on behalf of chief minister Himanta Biswa Sarma who is on a tour of Delhi. Monday was the third day of the first session of the 16th Assam Legislative Assembly. The state Cabinet had approved the Bill a couple of weeks ago.

“I have tabled the Bill on behalf of the chief minister … Our chief minister had committed that if retains power, the Bill would be tabled in the first session of the Assembly. That has happened today,” Bora said after the introduction of the Bill.

The Bill seeks to replace religion-based personal laws with a common civil law aimed at ensuring legal uniformity, gender justice and equality before law. The Bill, however, leaves cultural and ceremonial diversity untouched by allowing marriages to continue under existing religious customs and traditional practices, including Vedic Bibah, Ahom Chaklong, Saptapadi, Ashirvad, Nikah, Holy Union and Anand Karaj.

If the Bill is passed, Assam will be the third state in the country to pass a UCC Bill, following Uttarakhand and Gujarat.

The opposition parties, including Congress, Raijor Dal and Trinamool Congress, opposed the move and demanded wider consultation with all the stakeholders before its introduction.

"The Bill aims to consolidate and simplify laws governing marriage, divorce, succession and live-in relationships," CM Sarma said in the 'Statement of Object and Reasons' in the Bill. For marriage, the Bill sets 21 years and 18 years as minimum age for men and women respectively, and prohibits polygamy.

The Bill proposes to make marriage and divorce registration compulsory, which will be vital for securing maintenance, inheritance and other legal protection for spouses. "For the first time, the Bill provides a legal framework for live-in relationships. By requiring registration, the law ensures that the rights of partners -- and any child born from such unions -- are formally recognised and protected," the CM said in the Bill.

In case of divorce, separation or desertion, the Bill provides that custody of children below five years of age shall ordinarily remain with the mother during early childhood. If a live-in relationship ends, the male partner will have to pay alimony to the female partner in order to prevent financial hardship of the latter.

He further said that UCC aims to modernise succession laws to ensure a fair and equal distribution of property. "It introduces uniform rules for inheritance, ensuring that the transfer of assets is handled justly for all residents of the state," Sarma stated.

The Bill also grants every adult of sound mind the legal right to execute a written and witnessed Will for testamentary succession.

The Bill proposes stringent penalties for violations related to marriage, divorce and live-in relationships. As such, bigamy and polygamy would attract imprisonment of up to seven years under Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023. Child marriage and marriage without valid consent would invite punishment under the Prohibition of Child Marriage Act, 2006, including imprisonment of up to two years, fine, or both.

Fraudulent or deceptive marriages conducted through force, coercion or concealment of facts would be punishable with imprisonment of up to seven years along with fine. Illegal dissolution of marriage or violation of lawful divorce procedures would attract imprisonment of up to three years and fine. Compelling a divorced individual to fulfil unlawful conditions before remarriage would carry imprisonment of up to three years and a penalty of Rs 1 lakh.

 Marriage within prohibited relationships, unless permitted by valid customs, would be punishable with imprisonment of up to six months and a fine of up to Rs 50,000.

 The Bill also proposes penalties for failure to comply with mandatory registration requirements. Deliberate non-registration of marriages or divorces within 60 days would attract a penalty of Rs 10,000. Submission of forged or fabricated documents during registration could lead to imprisonment of up to three months, a fine of up to Rs 25,000, or both.

Failure to register a live-in relationship within one month would attract imprisonment of up to three months or a fine of Rs 10,000. Furnishing false information or concealing material facts in declarations related to live-in relationships would invite imprisonment of up to three months and fines of up to Rs 25,000.

As part of the restructuring of civil legislation in the state, the Bill proposes repeal of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024. However, it ensures that polygamous marriages solemnised prior to enforcement of the proposed UCC would remain regularised and legally protected.

The Bill also proposed to establish necessary administrative machinery, including the appointment of registrars, to implement the reforms. "This ensures that the code is not just a policy but a practical tool for social justice and equality in Assam," Sarma said.

"The Constitution, under Article 44, directs the state to strive for a Uniform Civil Code for its citizens. This Bill seeks to implement this principle within Assam to ensure a common legal framework for all residents, regardless of their religion," Sarma said.

Sarma said the tabling of a Bill in the state assembly will lead to an on-record discussion on the need for such a law. He also said it will help realise the path envisaged by the founding fathers of the nation.

"The introduction of the Uniform Civil Code 2026 Bill in the Assam Vidhan Sabha 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 stated in a post on X.

BJP MLA Sushanta Buragohain welcomed the move, saying the proposed law would bring all communities under a single constitutional framework and strengthen the rights of women.

Speaking to reporters, Buragohain said that several sections in Assam continue to follow separate personal laws and argued that the UCC would ensure a uniform legal system for all citizens.

He claimed that women from a particular religious community facing issues such as triple talaq and polygamy would particularly benefit from the legislation. “The insecure community, particularly the women, will get their rights and come under a single law under the Constitution,” Buragohain said.

Opposing the introduction of the Bill, Congress MLA Wazed Ali Choudhury, who was elected leader of the opposition later in the day, said: “There’s nothing new in the UCC Bill. We in Congress will oppose it because it goes against the Shariah.”

AIUDF MLA Muzibur Rahman also criticised the bill, alleging that it specifically targets the Muslim community and interferes with Shariah. “Our party is against the UCC and does not support it. Existing laws regarding polygamy are already there, so there is no need for another law. This is only targeting the sentiments of Muslims,” Rahman said.

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He also accused the government of diverting public attention from inflation and rising fuel prices. “The discussion should be on price rise and economic issues affecting the people. Instead, the government is focusing on the UCC,” he said.