Assam has become the latest BJP-ruled state to have introduced the Uniform Civil Code Bill, with Assam Parliamentary Affairs Minister Atul Bora tabling the regulation in the state Assembly on Monday.
The proposed Bill seeks to regulate laws on marriage and divorce, succession, live-in relationships and other related matters.
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The Bill establishes a single civil legal framework for all residents and proposes to set standard conditions for marriage such as a minimum age of marriage, 21 for men and 18 for women, and prohibit polygamy.
The draft bill proposes mandatory registration of marriages and live-in relationships within a defined timeline. Non-compliance will fetch penalties and punishment.
Below are the key details of Assam UCC Bill that you need to know
- As per the draft, marriages are required to be registered within 60 days of the ceremony, while live-in relationships must be registered within 30 days.
- Deliberate failure to register marriage or divorce within the stipulated 60-day period will attract a penalty of Rs 10,000, a statement said.
- The introduced bill prohibits polygamy, while setting a standardised legal age of 21 years for grooms and 18 years for brides.
- The legislation, however, safeguards cultural diversity by granting full freedom of ritual, allowing marriages to be solemnised through any existing religious ceremony or custom, including Vedic Bibah, Ahom Chaklong, Saptapadi, Ashirvad, Nikah, Holy Union, Anand Karaj.
- The bill excludes Scheduled Tribes from its purview to preserve their constitutional protections, while replacing religion-based personal laws to “ensure absolute equality and gender justice.”
- The bill further proposes a statewide registration of all marriages and divorces, with couples required to submit a memorandum to the Sub-Registrar within 60 days of the ceremony.
- Notably, the Bill codifies uniform grounds for divorce – such as cruelty, desertion, or mutual consent – and ensures early childhood custody of children under five ordinarily remains with the mother.
- It protects vulnerable individuals by declaring that any child born out of a live-in relationship is fully legitimate, and by granting a deserted live-in partner the explicit legal standing to claim financial maintenance through the courts.
- Regarding inheritance laws, the bill creates a “uniform, gender-equal order of preference for intestate inheritance among Class-1 heirs”. This group includes the spouse, children, and parents of the deceased.
- “For testamentary succession, any adult of sound mind is granted the legal right to execute a written, witnessed Will,” the statement added.
- With the aim of preventing exploitation, fraud and unlawful practices in personal relationships, the bill has proposed to have up to 7 years of imprisonment under Section 82 of Bharatiya Nyaya Sanhita (BNS), 2023, for any instances of polygamy or bigamy.
- Child marriage and marriage without valid consent shall attract imprisonment up to two years or fine or both, as per the Prohibition of Child Marriage Act, 2006. Fraudulent or deceptive marriages through force, coercion or concealment shall be punishable with imprisonment up to seven years, along with a fine.
- Submission of forged or fabricated documents during registration shall invite imprisonment up to three months or fine up to Rupees Twenty-Five Thousand or both. Similarly, failure to register a live-in relationship within one month shall attract imprisonment up to three months or a fine up to Rupees Ten Thousand.
- The Bill also proposes to repeal the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, to streamline the state’s statutory architecture.