Uttarakhand, Gujarat, Assam UCCs: How They Compare
West Bengal is set to table a Uniform Civil Code (UCC) Bill in its Assembly, joining a growing list of states that have enacted common civil laws governing personal matters. Goa has followed a UCC since Portuguese rule, but after Independence, Uttarakhand became the first state to implement a UCC in 2024, followed by Gujarat and Assam in 2025.
The constitutional basis for these codes is Article 44 of the Indian Constitution, which directs the State to endeavour to secure a Uniform Civil Code for all citizens. The UCCs primarily regulate marriage, divorce, succession, inheritance, and live-in relationships. They apply to all residents except Scheduled Tribes, whose customary laws are constitutionally protected.
All three UCCs set a uniform minimum marriage age of 21 years for men and 18 years for women, irrespective of religion. Marriages may be solemnised according to religious ceremonies or under the Special Marriage Act. The codes prohibit polygamy by banning marriage during the subsistence of an existing marriage and remove religion-specific exceptions. Registration of marriage is compulsory, though penalties for non-compliance vary.
The codes also prohibit practices such as nikah halala, which requires a divorced woman to marry another man before remarrying her former husband. The UCCs declare that the right to remarry includes the right to remarry a divorced spouse without any such condition. Forcing or abetting such practices attracts legal consequences. Marriages within prohibited degrees of relationship are invalid unless permitted by established custom and not against public policy.
On divorce, the states establish a uniform judicial process, explicitly overriding religion-specific procedures like iddat or customary out-of-court divorces. Either spouse may seek divorce on identical grounds, including adultery, cruelty, desertion for two years, conversion, or incurable unsoundness of mind. Wives have additional grounds, such as the husband's rape or unnatural sexual offence, or if the husband had multiple wives before the UCC came into force. Mutual consent divorce is allowed after living separately for at least one year.
In succession and inheritance, the codes replace religion-based personal laws with a single framework. Previously, Hindus, Buddhists, Jains, and Sikhs were governed by the Hindu Succession Act; Muslims by uncodified personal law; and Christians and Parsis by the Indian Succession Act. The UCCs abolish these differences, ensuring uniform inheritance rules for all residents.
The push for UCCs continues to generate debate, with proponents arguing for gender equality and national unity, while critics raise concerns about minority rights and cultural diversity. West Bengal's upcoming bill is expected to add to this ongoing discourse.
