Assam Assembly passes Uniform Civil Code Bill

The push for a Uniform Civil Code is rooted in Article 44 of the Indian Constitution, which is a Directive Principle of State Policy (DPSP). The DPSP mandates the State to 'endeavour to secure for the citizens a uniform civil code throughout the territory of India.' However, DPSPs are non-justiciable. The current legal landscape relies on religion-specific personal laws (e.g., Hindu Marriage Act, Muslim Personal Law). The debate centers on reconciling Article 44 with Article 25 (freedom to profess and practice religion) and Article 26 (freedom to manage religious affairs). While proponents argue a UCC promotes secularism and national integration, critics, as seen in the Assam Assembly debate, argue it infringes on minority rights and constitutional guarantees of religious freedom. The exemption of Scheduled Tribes raises constitutional questions about the 'uniformity' of such state-level codes and their alignment with the Sixth Schedule, which protects tribal autonomy in certain Northeastern states, including parts of Assam.

A core argument for the UCC is gender justice. Currently, personal laws often contain discriminatory provisions regarding inheritance, marriage age, and divorce procedures, frequently disadvantaging women. The Assam Bill, like similar drafts, aims to standardize these provisions, mandating the registration of marriages and divorces, banning polygamy, and ensuring equal succession rights. Proponents argue this fulfills the constitutional promise of equality under Article 14 and Article 15. However, regulating live-in relationships through mandatory registration has sparked concerns about the state intruding into the private lives of individuals, potentially infringing on the right to privacy, recognized as a fundamental right under Article 21 in the Puttaswamy Judgment. The requirement for such registration, and potential penal consequences for non-compliance, creates a tension between state regulation for social order and individual autonomy.

The enactment of UCC by individual states, rather than the Union government, presents complex federal governance challenges. 'Personal laws' fall under the Concurrent List (Entry 5) of the Seventh Schedule, allowing both the Parliament and State Legislatures to make laws. A state-level UCC creates an intricate legal patchwork where civil rights vary based on state residency. If a state law contradicts an existing central law on the same subject, it requires Presidential Assent under Article 254(2) to be valid in that state. Furthermore, implementing mandatory registration for all marriages, divorces, and live-in relationships will require significant administrative capacity and potentially lead to a new bureaucracy, raising concerns, as voiced by the opposition, about potential harassment and surveillance by state authorities.