Syllabus: GS – II & V: Constitution

Why in the News?

On 26 May 2026, the Assam Legislative Assembly passed the Uniform Civil Code (UCC), Assam, 2026 Bill, making Assam one of the few Indian States to legislate on the Uniform Civil Code.

About Uniform Civil Code

The Uniform Civil Code (UCC) means the formulation of one codified law for the whole country, which would be applicable to all the citizens of that country in all the civilian matters such as marriage, divorce, inheritance, adoption etc.

Background

• Since the constitutional assembly debates, there were reservations about codification of Personal laws and it was opposed by many Muslim as well as Hindu leaders. 
• This uncertainty led to the inclusion of UCC in the DPSP as Article 44 rather than FRs.

Key Features of Assam’s Proposed UCC

According to the Assam Cabinet:

• All tribal communities of Assam, both in hill and plain areas, will remain outside the purview of the proposed law.
• Religious rituals, customs, and traditional practices will also remain protected.
• The proposed law will focus on:
  • Minimum legal age of marriage.
  • Compulsory registration of marriages and divorces.
  • Abolition of polygamy.
  • Equal inheritance rights for women.
  • Regulation of live-in relationships.

The government stated that Assam’s model differs from the UCC frameworks adopted in Uttarakhand and Goa because of special safeguards for indigenous groups.

Argument Against Uniform Civil Code (UCC) 

• The 21st Law Commission report (2018) stated that the Uniform Civil Code is “neither necessary nor desirable” at this stage in the country. It argued that the focus of initiatives to reform personal laws should be to eliminate discrimination rather than an attempt to bring uniformity in the laws.
• Violation of fundamental rights: Article 25 is seen to be conflicted by the idea of UCC.
• Vast Diversity: The Law Commission said that secularism cannot contradict the plurality prevalent in the country.
• Majoritarianism & social unrest: It can be perceived as an imposition of Majoritarian culture, and can lead to social unrest. 
• Changes in laws in favor of women have not brought substantial change eg. Hindu inheritance Act could not make it easier for daughters to acquire their share.

Argument In Favour of  Uniform Civil Code (UCC) 

• Cases like Triple Talaq, Adultery (section 497), Shah Bano Begum and so on have been pointing towards the need of UCC in India.
• Being a DPSP, UCC is fundamental to the governance of the nation, moreover countries laws should not be different for every religion, class, caste, gender, sex, or race..
• There is no necessary connection between religion and personal law in a civilized society. Thus, UCC is not against secularism. 
• UCC would help curb practices that are against women & transgenders.
• In  personal laws women are usually discriminated against during succession or inheritance, UCC thus, has the potential to bring gender parity.
• It will also reduce burden on the Indian legal system by reducing conflicts in various personal laws, especially in relation to marriage and divorce.
• UCC has the potential to foster national integration by establishing a shared identity and a sense of unity among all Indians.
• It would address the communal and sectarian conflicts such as honor killings that arise due to the existence of distinct personal laws.
• It would harmonize civil and criminal laws, eliminating any anomalies and loopholes that arise due to the diverse personal laws.
• UCC would eliminate practices that infringe upon human rights and values enshrined in the Constitution of India, such as triple talaq, polygamy, child marriage, and others.

Steps Taken for Implementing UCC  

• Goa is the first state in India to have a Uniform Civil Code (UCC) in place. 
  • The UCC in Goa follows the Portuguese Civil Code of 1867.
  • People belonging to all religions in Goa are subject to the same laws on matters like marriage, divorce and succession. 
• Uttarakhand has become the first State in independent India to have a Uniform Civil Code (UCC) Act after the President approved the State’s UCC Bill, 2024. 
  • The act, which has kept tribals out of its ambit, will have a common law to govern matters related to marriage, divorce, inheritance, etc.
• The Assam government recently scrapped the Assam Muslim Marriage & Divorce Registration Act 1935. 
  • Now all matters pertaining to Muslim marriages and divorces would be taken care of under the Special Marriages Act.
  • The objective of repealing the “obsolete” law was to prepare the ground for implementing the proposed UCC in the state.
• The Gujarat Assembly has recently passed the UCC Bill.

Mains Question

“The Uniform Civil Code seeks to balance constitutional equality with India’s cultural diversity.” Discuss in the context of recent developments in Assam. (150 words)

One-Line Wrap

The Uniform Civil Code in Assam marks an important constitutional development aimed at promoting equality and legal uniformity while continuing the national debate on diversity, rights and social justice.