By Sandeep Sharma
Guwahati: The Assam government’s decision to bring a Uniform Civil Code (UCC) Bill in the Assembly session beginning May 26 has sparked intense debate across the state, with lawyers, political observers, minority organisations and intellectuals questioning whether the proposed law will mainly affect Muslim and Christian communities while exempting tribal groups.
Chief Minister Himanta Biswa Sarma announced after the first Cabinet meeting of the new government that Assam would frame its own version of the UCC. If passed, Assam will join states like Uttarakhand and Goa in implementing a state-level civil code framework.
However, the draft Bill has not yet been released, leading to speculation and concern over what exactly the law will contain and which communities will come under its scope.
The government has already indicated that tribal communities, particularly those living in Sixth Schedule areas such as Bodoland Territorial Region, Karbi Anglong and Dima Hasao, are likely to remain outside the ambit of the proposed law.
Senior Gauhati High Court advocate Abdul Rejjak Bhuyan questioned how the legislation could be termed “uniform” if entire sections of the population are exempted.
“If tribal groups are kept outside the law, then how can it be called a Uniform Civil Code? It becomes selective in nature,” Bhuyan said.
He alleged that the move appears to focus mainly on religious minorities, particularly Muslims.
“You cannot ignore the constitutional protections given to religious and cultural practices. Personal laws are also linked to those rights,” he said.
Bhuyan, however, added that any detailed legal opinion would only be possible after the draft Bill becomes public.
“As of now, nobody has seen the draft. Once it is released, it can be examined properly. If necessary, legal challenges may also arise,” he said.
According to the 2011 Census, Muslims make up 34.22 per cent of Assam’s population, while Christians account for 3.74 per cent. Hindus form the majority with 61.47 per cent.
The debate over demographic change has remained politically sensitive in Assam for years, especially in districts such as Dhubri, Barpeta, Goalpara, Morigaon, Nagaon, Karimganj, Hailakandi, Bongaigaon and Darrang, where Muslim populations are significant.
At the same time, some Hindu nationalist organisations have also raised concerns over the spread of Christianity in tribal and rural areas. In 2024, the RSS-backed Janajati Dharma Sanskriti Suraksha Mancha demanded that Scheduled Tribe status be withdrawn from those who convert to Christianity or Islam.
Since becoming Chief Minister, Himanta Biswa Sarma has repeatedly taken positions identified with the BJP’s Hindutva politics. His government has carried out eviction drives in several minority-dominated areas and taken action against alleged illegal religious structures.
The Assam Healing (Prevention of Evil) Practices Act, passed in 2024 to curb fraudulent healing and non-scientific medical claims, had also triggered criticism from sections of the Christian community after several Christian leaders were arrested in different cases.
United Christian Forum of Northeast spokesperson Allen Brooks said the government has so far indicated that the proposed UCC would mainly deal with issues such as polygamy, child marriage, inheritance rights and compulsory registration of marriages and live-in relationships.
“It has been said that religious rituals and faith practices will not be touched,” Brooks said.
He said Christians in Assam may experience the impact differently depending on whether they belong to tribal or non-tribal communities.
Brooks pointed out that some aspects of a common civil code, especially equal inheritance rights for women and legal clarity in marriage-related matters, could be viewed positively by reform-minded groups.
At the same time, he said there are concerns among conservative church groups and tribal Christians over possible erosion of traditional customs linked to marriage, inheritance and family life.
“Some denominations treat marriage as sacred and indissoluble. If divorce laws become easier under a common code, naturally there will be concern,” he said.
He also said tribal Christian communities still follow customary systems in many family matters and fear losing those traditions if standardised laws are imposed.
Political analyst Prasenjit Biswas said Assam’s social diversity makes the issue particularly sensitive.
“Any such law must take into account the distinct marriage and family practices of minority communities. Otherwise, it may create serious constitutional and social complications,” Biswas said.
Questions are also being raised over how the proposed UCC would affect Muslims in practical terms.
At present, matters such as marriage, divorce, inheritance and family disputes among Muslims are governed by Muslim Personal Law under the Shariat Application Act of 1937.
If the UCC is implemented, these areas may come under a common legal framework applicable to all non-exempt communities. This could mean standard rules on marriage registration, divorce procedures, inheritance, maintenance and adoption.
Practices such as polygamy, which remain legally permissible under Muslim personal law though not widely practised, may face a complete ban under the new system.
Some Muslim organisations fear that community-specific customs and religious practices linked to family laws may gradually lose legal recognition if personal laws are replaced by a common civil code.
Concerns have also been raised over compulsory registration of marriages and live-in relationships, inheritance distribution and the reduced role of qazis in civil matters.
Raijor Dal leader Azizur Rahman questioned why the government was prioritising the issue now when several laws dealing with personal matters already exist.
“The government has already acted against triple talaq, child marriage and unregistered marriages. Then what is the urgency behind bringing a UCC?” Rahman asked.
He warned that the issue could further deepen social and political polarisation.
“The draft Bill should first be made public. Only then can people study it properly and form an informed opinion,” he said.
Rahman also criticised the timing of the move, saying the government should focus more on issues affecting ordinary people.
“People are struggling with rising prices and economic pressure. Naturally, many will ask why such a sensitive issue has become the government’s first major priority,” he said.
Noted poet and intellectual Harekrishna Deka said any civil code must respect constitutional guarantees protecting religious freedom.
“Marriage and family customs vary across religions and communities. Those practices are protected under the Constitution. Any law must ensure that religious freedom is not weakened,” Deka added.