Assam introduces UCC Bill to ban polygamy, mandate live-in registration

The Assam government on Monday introduced the Uniform Civil Code (UCC) Bill in the Assembly, proposing a common legal framework governing marriage, divorce, succession and live-in relationships while exempting Scheduled Tribe communities residing in the state from its ambit.

The Bill, tabled by Parliamentary Affairs Minister Atul Bora on behalf of Chief Minister Himanta Biswa Sarma during the first Assembly session of the BJP-led NDA government's third term, seeks to prohibit polygamy, make registration of marriages and divorces compulsory and introduce mandatory registration of live-in relationships.

Opposition parties, including the Congress, Raijor Dal and Trinamool Congress, opposed the legislation and demanded wider consultations with stakeholders before its introduction. The Bill is expected to be taken up for discussion on Wednesday, the final day of the five-day Assembly session.

In the Statement of Objects and Reasons attached to the legislation, Sarma said the proposed law aims to “consolidate and simplify laws governing marriage, divorce, succession and live-in relationships” while creating a uniform legal framework for all residents irrespective of religion.

The Bill retains the minimum marriage age at 21 years for men and 18 years for women and expressly prohibits polygamy. At the same time, it allows marriages to continue being solemnised according to existing religious and customary practices, a provision the government says protects Assam's cultural diversity.

Live-in relationships brought under legal framework

One of the most significant provisions of the Bill is the creation of a formal legal framework for live-in relationships.

Under the proposed law, couples in live-in relationships would be required to register their relationship within one month. Failure to do so could attract imprisonment of up to three months, a fine of up to Rs 10,000, or both. Concealing material facts or furnishing false information during registration could also invite imprisonment and monetary penalties.

The government argues that mandatory registration would ensure legal recognition and protection for partners as well as children born from such relationships.

Uniform inheritance rules proposed

The legislation also seeks to overhaul succession laws by introducing uniform and gender-neutral inheritance provisions.

Under the proposal, spouses, children and parents would be treated equally as Class-I heirs in cases of intestate succession. The Bill also grants every adult of sound mind the legal right to execute a written and witnessed will.

According to the government, the changes are intended to ensure equitable distribution of property and provide greater legal clarity in inheritance matters.

Stringent penalties

The Bill prescribes a range of penal provisions for violations.

Bigamy and polygamy would attract imprisonment of up to seven years under provisions of the Bharatiya Nyaya Sanhita (BNS). Fraudulent marriages involving force, coercion or concealment could similarly invite imprisonment of up to seven years along with fines.

Illegal divorce procedures may attract imprisonment of up to three years and fines, while compelling a divorced individual to fulfil unlawful conditions before remarriage could lead to a three-year prison term and a penalty of Rs 1 lakh. Marriages within prohibited relationships, except where protected by valid customs, may attract imprisonment of up to six months and fines of up to Rs 50,000.

The Bill also imposes penalties for failure to register marriages or divorces within 60 days and for submission of forged documents during the registration process.

Existing law to be repealed

According to a government note on the proposed legislation, the UCC would repeal the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, as part of an effort to streamline the state's legal framework. However, the Bill contains a savings clause protecting polygamous marriages solemnised before the new law comes into force.

Invoking Article 44 of the Constitution, which directs the state to endeavour towards securing a Uniform Civil Code, the government said the legislation was aimed at promoting legal clarity, social justice and equal rights while establishing a common civil framework across communities in Assam.