29 May 2026 Legal Updates

Assam Legislative Assembly passed "The Uniform Civil Code (UCC), Assam, Bill, 2026," making it the third state in India (after Uttarakhand and Gujarat) to do so.

What Is Uniform Civil Code (UCC)?

• A Uniform Civil Code (UCC) means: One common set of civil laws for all citizens of India, irrespective of religion, caste, tribe or community.
• It aims to replace different personal laws based on religion with a single uniform law governing matters such as: Marriage, Divorce, Inheritance, Adoption, Maintenance, Succession, Guardianship

Constitutional Basis Of UCC

Article 44 - Directive Principles of State Policy (DPSP)

The Uniform Civil Code is mentioned in:

Article 44 of the Indian Constitution

It states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Important Points About Article 44

What Are Personal Laws?

India currently follows: different personal laws for different religions.

These laws differ on: marriage, divorce, inheritance, maintenance, adoption etc.

Objective Of Uniform Civil Code

• The idea behind UCC is: “Same civil rights and obligations for every citizen.”
• It seeks to: promote equality, remove discrimination, ensure gender justice, strengthen national unity.

Difference Between Civil Law & Criminal Law

1. Criminal Laws

• Already uniform across India.
• BNS, BNSS, Evidence Law. A Hindu and Muslim committing theft are punished under the same criminal law.

2. Civil / Personal Laws

• Still religion-based. Divorce procedure differs, inheritance rules differ, adoption laws differ.
• UCC aims to unify these civil laws.

Why Was UCC Included In Constitution?

• The framers of Constitution believed: India should eventually move towards common civil laws.
• Dr. B.R. Ambedkar supported UCC because: religion should not control civil rights, women should get equal legal protection.
• However: due to India’s religious diversity, UCC was placed under DPSP and not Fundamental Rights.

Important Constitutional Debate

UCC creates a balance issue between:

Thus debate arises: Should religious practices govern personal laws?

OR Should equality prevail through common laws?

Supreme Court On UCC: The Supreme Court has repeatedly supported the idea of UCC in several judgments.

Important Cases On UCC

1. Shah Bano Case (1985)

• Facts: A Muslim woman sought maintenance after divorce.
• Supreme Court Held: Maintenance rights apply regardless of religion, supported need for UCC.
• Famous Observation: “A common civil code will help national integration.”

2. Sarla Mudgal v. Union of India (1995)

• Issue: Hindu men converting to Islam only to practice polygamy.
• Court observed: Absence of UCC causes misuse of personal laws.

3. John Vallamattom Case (2003)

• Court again emphasized: need for common civil laws.

4. Shayara Bano Case (Triple Talaq, 2017)

• Though not directly on UCC: Court invalidated instant triple talaq, strengthened gender justice principles.

Arguments IN FAVOUR Of UCC

1. Equality Before Law:

• Different laws for different religions may violate: Article 14 (Equality).
• UCC promotes equal treatment.

2. Gender Justice:

• Some personal laws are criticized for: Discrimination against women, unequal inheritance, unequal divorce rights.
• UCC may ensure: equal rights for women.

3. National Integration

• Supporters argue: one nation should have one civil law. It may reduce communal divisions.

4. Simplification Of Laws

• Currently: multiple personal laws create complexity.
• UCC may: simplify legal system, reduce litigation.

Arguments AGAINST UCC

• Threat To Religious Freedom: Critics argue: personal laws are linked with religion and culture, UCC may interfere with minority identity.
• India’s Diversity: India has: huge religious, cultural, tribal diversity. One law may not suit all communities.
• Fear Of Majoritarianism: Some fear: majority community’s laws may dominate under UCC.
• Practical Difficulties: Implementing a common code across: religions, customs, tribes, is legally and politically complex.

Is UCC Implemented In India?

• Partially Yes: India does NOT yet have a nationwide UCC.
• However: Goa follows a common civil code inherited from Portuguese law.
• Hence Goa is often called: “India’s only state with Uniform Civil Code.”

Uttarakhand UCC

• Uttarakhand became: first Indian state after Independence to pass a UCC law.
• It covers: marriage, divorce, inheritance, live-in relationships, etc.

Gujarat

• Assam & UCC: Assam has NOT fully implemented a complete Uniform Civil Code like Uttarakhand.
• However, Assam Government has taken several steps toward: “uniformity in civil matters.”
• Examples include: banning child marriage drives, discouraging polygamy, discussions on common civil reforms, restrictions on multiple marriages among government employees, debates around Muslim marriage registration reforms.
• Thus: Assam is moving towards selective civil law reforms, but it does not yet have a full-fledged UCC statute applicable to all citizens.