Key Highlights
- Introduces a single personal law framework for marriage, divorce, inheritance and related matters, while excluding Scheduled Tribes.
- Mandates registration of live‑in relationships with a Sub‑Registrar; non‑compliance attracts imprisonment and fines.
- Sets minimum marriage ages at 18 for women and 21 for men and imposes strict penalties for child marriage.
- Criminalises polygamy, bigamy, forced or fraudulent unions, and prohibited consanguineous marriages.
- Requires compulsory registration of marriages and divorces within 60 days, with penalties for false documentation.
Detailed Insights
The Assam Legislative Assembly has received the Uniform Civil Code (UCC) Bill, 2026, introduced by Parliamentary Affairs Minister Atul Bora on behalf of Chief Minister Himanta Biswa Sarma. The legislation seeks to replace the mosaic of community‑specific personal laws with a uniform statutory scheme that applies equally to all citizens, except for scheduled tribal groups whose customs remain untouched.
Under the bill, couples cohabiting without formal marriage must register their relationship with the local Sub‑Registrar within one month. Failure to do so may lead to up to three months’ imprisonment, a fine of ₹10,000, or both; false statements attract an additional ₹25,000 penalty. Children born from a registered live‑in partnership will be recognised as legitimate, and the female partner may claim maintenance if the union dissolves.
Marriage‑age provisions are standardised: women must be at least 18 years old, men at least 21 years. Anyone facilitating child marriage faces up to two years’ imprisonment, a monetary fine, or both, aligning the state’s stance with national efforts to eradicate under‑age unions.
Polygamy and bigamy are expressly prohibited, with violations punishable under Section 82 of the Bharatiya Nyaya Sanhita, 2023, by up to seven years’ imprisonment. Similarly, marriages entered into through force, threat, concealment of an existing marriage, or fraudulent information attract up to seven years’ jail and fines, reinforcing the principle of fully consensual unions.
The bill also bans marriages between close blood relatives—such as siblings, parent–child, uncle–niece, and aunt–nephew—unless a recognised customary exemption applies. Offenders may receive up to six months’ imprisonment and a fine of ₹50,000.
Both marriage and divorce must be recorded within sixty days of the event; intentional omission incurs a ₹10,000 penalty, while falsifying documents can result in three months’ imprisonment, a ₹25,000 fine, or both. Additionally, the legislation protects divorced persons from exploitative conditions imposed on remarriage, prescribing up to three years’ imprisonment and a fine of ₹1 lakh for violators.
For child‑custody disputes, the bill establishes a default rule that children under five years of age shall reside with their mother, providing a clear starting point for custody determinations.
Crucially, the bill exempts tribal communities entirely, as well as religious rituals, traditional customs, cultural practices, and community‑specific traditions, ensuring that the UCC’s reach does not infringe upon constitutionally protected tribal and religious rights.