Tribals out of Assam UCC bill; live-ins must register

MAndatory enrollment of live-in relationships, a censor on polygamy, and enrollment of all marriages and divorces including where unity partner is a occupant of the state were some key provisions of the uniform civil code (UCC) bill tabled in Assam on Monday.UCC is a contentious and polarising issue referring to a common set of laws for personal matters such as marriage, divorce, inheritance, and succession for all citizens. Article 44 of the Constitution, one of the directive principles of state policy, advocates for a UCC. But respective religion-based civil codes have governed personal matters since Independence.Assam minister Atul Bora introduced the Uniform Civil Code Assam Bill, 2026 – which keeps tribals out of its ambit – making the northeastern state the third BJP-governed one to introduce such legislation. Discussion and voting on the bill will take place on Tuesday, the last day of the first session of the 16th assembly formed after the polls in April.“The introduction of the Uniform Civil Code 2026 Bill in the Assam Vidhan Sabha paves the way for an on record discussion on why UCC in Assam is the need of the hour and how it will help realise the path laid down by our founding fathers,” chief minister Himanta Biswa Sarma posted on X.The BJP promised to introduce UCC in Assam in its manifesto ahead of the 2026 assembly polls. The state cabinet approved the legislation in its first meeting on May 13.Opposition parties, especially the Congress, opposed the tabling of the bill without prior consultation with stakeholders. But speaker Ranjeet Kumar Dass allowed the legislation to be introduced following the voice vote.“There should have been wide consultation with political parties, organisations and other stakeholders before the Bill was introduced in the House. But such an exercise was not done,” said Congress MLA Jakir Hussain Sikdar.The bill stated that it aims to “to govern and regulate the laws relating to marriage and divorce, succession, live-in relationships, and for matters connected therewith”. It held that members of scheduled tribes (STs) would not come under its ambit. Tribals account for 12.45% of Assam’s population and Muslims 34.22%, according to the 2011 census.The legislation stipulates 21 as the minimum age for marriage for men and 18 for women. It stated that neither party should have a living spouse at the time of marriage or if they had any previous marriage, it should be annulled. And marriage shouldn’t be conducted by force, coercion, deception or fraud, it added.“Neither party, at the time of the marriage should be incapable of giving valid consent or though capable of giving consent, has been suffering from a mental disorder of such a kind or to such an extent so as to be unfit for marriage or has been subject to recurrent attacks of insanity,” it stated.“The parties shouldn’t be in a prohibited relationship, unless the custom or usage governing one of them permits marriage between the two--provided that such customs and usage are not against the public policy and morality. And lastly, the marriage is not prohibited under any law,” the bill added.The draft legislation said marriage may be solemnised in accordance with existing religious beliefs, practices, customary rites and ceremonies including The Anand Marriage Act 1909, The Special Marriage Act, 1954, Arya Marriage Validation Act, 1937, and Hindu Marriage Act, 1955. NO MUSLIM LAWS?The bill makes it mandatory for registration of all marriages and divorces in the state including those where at least one party is a resident of Assam. Failure to do so would lead to a fine of up to ₹25,000.A marriage can be declared null and void if the conditions mentioned earlier are not adhered to. The bill states that divorce can be granted if a partner had sexual relations with others, treated a partner with cruelty, desertion for more than two years, conversion, mental disorder, incurable venereal disease, renounced the world, missing without trace for more than seven years or solemnised another marriage.Divorces can be granted by mutual consent and a wife may also present a petition to the court for the dissolution of marriage on the ground that the husband has been guilty of rape, unnatural sexual offence or the husband had more than one wife from marriages solemnised or contracted before the commencement of the code.The legislation stipulates prison terms ranging from six months to seven years and fines for violations of the conditions laid down or marriage. Additionally, provisions of Bharatiya Nyaya Sanhita (BNS) and Prohibition of Child Marriage Act would also be applicable where required.On the issue of succession, the legislation created two broad categories of immediate heirs. The first one included immediate family members like spouses, children, daughters-in-law, grandchildren etc. All of them would get equal shares of property, the bill states. The second category includes step-parents, siblings, spouses and children of dead siblings, siblings of parents and maternal and paternal grandparents. The code details how property of a deceased would be divided among his spouse, children and others.The bill also has regulations on live-in-relationships. “It shall be obligatory for partners to a live-in relationship within the state, whether they are residents of Assam or not, to submit a statement of live-in relationship the sub-registrar within whose jurisdiction they are so living,” it said.Residents of Assam staying in a live-in relationship outside the state may submit a statement of live-in relationship to the sub-registrar within whose jurisdiction they ordinarily reside. The sub-registrar in turn would forward the statement on live-in relationship to the officer-in- charge of the local police station for record, and if either of the partners is less than 21, inform the parents/guardians of such partner(s).Any child of a live-in relationship shall be a legitimate child of the couple. The code said that a live-in relationship shall not be registered when the partners are in a “prohibited relationship”.It stipulated that the prohibitions will not apply to person(s) whose customs and usage permit the relationship, “provided such customs are not against the public policy and morality”.Failure to submit a statement on a live-in relationship to a sub-registrar within a month, giving a false statement or failure to submit statement on notice will lead to imprisonment ranging from three to six months and fines up to ₹25,000.A live-in relationship will also not be registered if at least one of the persons is married or is already in a live-in relationship, where at least one of the persons is a minor; or in where the consent of one of the partners was obtained by force, coercion, undue influence, misrepresentation or fraud as to any material fact or circumstance concerning the other partner, including her/his identity.“If a woman gets deserted by her live-in partner, she shall be entitled to claim maintenance from her live-in partner for which she may approach the competent court having jurisdiction over the place where they last cohabited,” the bill states.In February 2024, Uttarakhand became the first state in the country to pass a UCC law. Another Bharatiya Janata Party (BJP)-ruled state, Gujarat, followed suit in March. BJP-ruled Madhya Pradesh has set up a committee to draft the UCC. In Goa, the Goa Civil Code, derived from the Portuguese Civil Code of 1867, provides for compulsory registration of marriages before a civil authority.