Polity Notes

Madhya Pradesh UCC Bill, 2026

Madhya Pradesh Assembly passed the Madhya Pradesh Uniform Civil Code Bill, 2026, on 21 July 2026, making MP the fourth state after Uttarakhand, Gujarat and Assam to adopt a UCC framework. The Bill was passed by voice vote amid opposition protests, with formal assent of the governor pending.

Key Provisions - The Bill provides for monogamous marriage, compulsory registration of marriage, divorce and live-in relationships. It prohibits polygamy, triple talaq and nikah halala. It retains the marriageable age at 21 years for men and 18 years for women and permits divorce only through a court.

Live-in Relationships - Live-in relationships must be registered, while children born from such relationships receive legal recognition. An abandoned woman can seek maintenance from her male partner through a competent court.

Inheritance and Equality - The Bill provides for equal inheritance rights for sons and daughters and extends legal equality to children who are biological, adopted, born through surrogacy or through assisted reproductive technology.

Tribal Exclusion - Scheduled Tribes and Particularly Vulnerable Tribal Groups in protected areas are excluded from the Bill, reflecting concerns regarding tribal customs and constitutional protections under Articles 342 and 366(25).

Concerns - The legislation has raised concerns over transparency, gender equality, religious freedom and federalism. Rajasthan, Maharashtra and West Bengal have also constituted committees to examine UCC implementation

UNIFORM CIVIL CODE

The concept of a Uniform Civil Code aims to provide a common set of laws for all citizens of India, irrespective of their religious beliefs with regards to personal matters such as marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children, etc. It seeks to promote equality, justice, and unity among all individuals, fostering a harmonious and inclusive society.

In India we have a common criminal law for all the citizens of India, irrespective of their religious beliefs but we have a different set of civil laws on matters relating to marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children, etc. However, on some civil issues we have a similar set of civil laws like Partnership, Contract, sale and purchase of property, etc.

We currently have a separate set of personal laws for Hindus, Muslims, Christians, and Parsis. Hindus include Hindus, Jains, Sikhs, and Buddhists. All the other religions have different sets of rules governing personal matters such as marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children, etc. The situation is the same in Pakistan too, but in countries like the USA, Israel, Japan, European Union Countries, etc all citizens have the same civil laws irrespective of their religious beliefs.

Article 44 of the Indian Constitution directs the implementation of the UCC by the government at the earliest to promote social unity, equality and justice for all citizens irrespective of their religion.

It is a matter of great disappointment that the Indian Government has failed to implement the UCC even after 79 years of independence. The Congress Party and most of the other opposition parties never favoured UCC. Even now they are clearly opposing the very idea of UCC. BJP and its predecessor Jan Sangha always demanded the implementation of UCC at the earliest and always promised that they will implement UCC after coming in power. However, even after 12 years in power at centre, the Modi government till date has not implemented UCC.

Goa used to be the only state that has a Uniform Civil Code based on the Portuguese Civil Code of 1867. After Goa became part of India in 1961, the Goa, Daman and Diu Administration Act of 1962 allowed the state to retain the Portuguese era’s civil code. This law is continuing in Goa.

Uttarakhand became the first state in India to enact a Uniform Civil Code (UCC) law in 2024, which came into force in January 27 ,2025, providing a uniform legal framework for matters such as marriage, divorce, inheritance, succession, maintenance, and live-in relationships, with provisions like compulsory registration of marriages and live-in relationships, prohibition of polygamy, and stronger protection of women’s property and inheritance rights, along with legal recognition of live-in relationships for safeguarding the rights of partners and children. Gujarat passed its UCC legislation on 24 March 2026, broadly modelled on the Uttarakhand framework and aimed at creating uniform civil laws across communities, including compulsory registration provisions and regulation of personal civil matters; however, as of now, the Gujarat law has not yet been enforced and is awaiting implementation through the notification of rules and administrative framework required to operationalise its provisions.

States such as Haryana, Maharashtra, West Bengal, and other states are still in the process of initiating proposals to bring UCC into effect within their respective jurisdictions. If implemented nationwide, the UCC would have a significant impact on the common public of the country by ensuring equal rights and opportunities for all citizens irrespective of their religious background, thereby fostering unity and harmony among diverse communities.

The civil subjects like marriage, divorce, maintenance, adoption, etc. come under concurrent list under division of powers (Schedule VII) Article 246. Both the Union and State governments can make laws on the subjects but in case of a clash between the law of Union and law of the State, the law of Union shall prevail.

It would not be an easy task for the Union as well as all the State governments to implement the provisions of UCC due to vested interest of various political parties, religious groups, and politicians. In the name of secularism, they will try to make hurdles in its implementation but it seems that UCC will be a reality in the near future.

Assam Uniform Civil Code Bill, 2026

Assam has now become the third state in India after Uttarakhand and Gujarat to pass a Uniform Civil Code (UCC) Bill. On 27th May 2026, the 126-member Assam Legislative Assembly passed the Uniform Civil Code Bill, 2026 by voice vote with the support of the Bharatiya Janata Party (BJP) and its alliance partners.

Chief Minister Himanta Biswa Sarma described the introduction of the Bill as paving the way for an “on-record discussion” on why the Uniform Civil Code is necessary. The Bill was approved by the Assam Cabinet on 13 May 2026 and fulfilled a major promise made by the Bharatiya Janata Party (BJP) in its manifesto before the 2026 Assam Assembly elections.

The Bill seeks to establish a common legal framework governing marriage, divorce, succession, inheritance, maintenance, and live-in relationships irrespective of religion. One of the most significant features of the proposed legislation is that, for the first time in Assam, it introduces a statutory framework regulating live-in relationships.

Provisions Relating to Live-in Relationships

The Bill makes registration of live-in relationships compulsory. According to Chief Minister Himanta Biswa Sarma, the objective behind mandatory registration is to ensure that the rights of partners and children born from such unions are legally recognised and protected. The proposed legislation also provides for the creation of administrative machinery, including the appointment of registrars to manage registrations relating to marriages, divorces, and live-in relationships.

Other Major Provisions

The Bill proposes:

● Prohibition of polygamy;

● Uniform rules governing marriage and divorce;

● Equal rights of women in family property and inheritance;

● Compulsory registration of marriages and divorces;

● Recognition and regulation of live-in relationships;

● The minimum age of marriage is 21 years for men and 18 years for women.

The legislation exempts Scheduled Tribes from the operation of uniform personal laws. Tribal communities constitute approximately 12.45% of Assam’s population according to the 2011 Census. Scheduled Tribes are exempted to protect their constitutional autonomy, unique cultural identities, and traditional customary practices regarding marriage, divorce, and inheritance. Most tribal laws are uncodified and deeply tied to indigenous traditions, clan-based structures, and community dispute resolution. Many tribes have matrilineal succession, whereas the UCC or standard personal laws might enforce a patrilineal structure, which could cause massive societal and property disputes.

● In states that have moved forward with the UCC (such as Uttarakhand, Gujarat, Assam and Madhya Pradesh), the respective governments have deliberately excluded the tribal population from UCC provisions.

● The Union Government too has frequently reiterated that the rights, customs, and forest/land ownership of Adivasis will remain protected and that tribes will be explicitly excluded from the UCC's ambit wherever it is implemented.

Supreme Court of India’s Stance on UCC

In Mohd. Ahmed Khan v. Shah Bano Begum Case (1985), the Supreme Court expressed concern that Article 44 of the Constitution had remained largely unimplemented and described it as a “dead letter,” while emphasising the need to consider its implementation.

In Sarla Mudgal v. Union of India Case (1995) and John Vallamattom v. Union of India Case (2003), the Court once again reiterated the desirability of implementing a Uniform Civil Code to promote legal uniformity and national integration. Later, in the case of Shayara Bano v. Union of India Case (2017), it struck down the practice of triple talaq as unconstitutional for violating equality and dignity of Muslim women, the Court also observed that Parliament should consider appropriate legislation regulating marriage and divorce laws. In Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case (2019), the Court referred to Goa as a “shining example” of a uniform civil code in practice and highlighted it as a model worth emulating across the country.

Law Commission’s View: In 2018, the 21st Law Commission of India, headed by former Supreme Court judge Justice Balbir Singh Chauhan, issued a consultation paper on “Reforms of Family Law,” in which it stated that the introduction of a Uniform Civil Code was neither necessary nor desirable at that stage, and instead recommended reforming and harmonising existing personal laws rather than replacing them entirely.