Assam passes UCC Bill: Opposition flags tribal exemption, Sarma says law not needed where no cancer
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π Summary:
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Assam Assembly passed the Uniform Civil Code (UCC) Bill after a 5-hour debate, two days after it was tabled; second state after Uttarakhand to pass UCC at state level
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Aim of Bill (per its text): "govern and regulate the laws relating to marriage and divorce, succession, live-in relationships" and connected matters
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Key provisions highlighted by government: prohibition of child marriage and polygamy; mandatory registration of marriage and divorces; uniform grounds for divorce; gender-equal order of preference for intestate inheritance among Class-1 heirs
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Sixth Schedule / ST exemption: Bill explicitly does not apply to members of any Scheduled Tribes. BJP MLA cited Paragraph 3 of the Sixth Schedule which empowers Autonomous Councils (Bodoland TC, North Cachar Hills AC, Karbi Anglong AC) to legislate on marriage, divorce, social customs, inheritance
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2011 Census: STs are 12.44% of Assam's population
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Opposition critique: (a) law is "redundant" since Prohibition of Child Marriage Act + Triple Talaq law + Assam's own 2025 anti-polygamy Act already exist; (b) Central Law Commission in 2018 said UCC is "neither necessary nor desirable" at this stage; (c) no public consultations held before tabling
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CM Himanta Biswa Sarma's defence: "Medicine will be given where there is illnessβ¦ UCC will give radiotherapy where there is cancer. Where there is no cancer, there is no necessity of giving radiotherapy" β justifying ST exemption on grounds that tribal customary laws already enshrine equality
π― UPSC Relevance: GS2 β Indian Constitution and SOP (Article 44 DPSP on UCC), Federalism (special provisions for tribal areas under Sixth Schedule), Social justice (women's rights, gender-equal inheritance).
π Prelims Facts:
- Assam is the second state to enact UCC at state level (after Uttarakhand)
- Sixth Schedule of the Constitution covers tribal areas of Assam, Meghalaya, Tripura and Mizoram; Paragraph 3 empowers Autonomous District Councils to make laws on marriage, divorce, social customs, inheritance
- Assam's three Sixth Schedule Autonomous Councils: Bodoland Territorial Council, North Cachar Hills Autonomous Council, Karbi Anglong Autonomous Council
- Article 44 of the Constitution: directive to secure a UCC for citizens β a DPSP
- Central Law Commission opined in 2018 that UCC is "neither necessary nor desirable"
π Key Term: Uniform Civil Code (UCC) β a single set of personal laws governing marriage, divorce, succession, adoption and maintenance applicable to all citizens irrespective of religion; Article 44 of the Constitution lists it as a Directive Principle.
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