How similar are Uttarakhand, Gujarat and Assam’s Uniform Civil Codes?

Published 30 June 2026 · india

West Bengal is all set to table a Uniform Civil Code (UCC) Bill in the Assembly, joining a growing list of States that have sought

West Bengal is all set to table a Uniform Civil Code (UCC) Bill in the Assembly, joining a growing list of States that have sought to enact a common civil law governing personal matters. Goa has followed a Uniform Civil Code since the Portuguese Civil Code was introduced during Portuguese rule. After Goa was liberated and merged with India in 1961, the Code was retained. It governs all residents of Goa in matters of marriage, divorce and inheritance, regardless of religion. However, after Independence, Uttarakhand became the first State to implement a UCC in 2024, followed by Gujarat and Assam in 2026. West Bengal is now set to join the list. Legal pluralism in personal law The constitutional vision stems from Article 44 of the Constitution, which states that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” The UCCs largely regulate four areas of personal law: marriage, divorce, succession and inheritance, and live-in relationships. These laws apply to all residents of the respective States except Scheduled Tribes (within the meaning of clause (25) of Article 366 read with Article 342 of the Constitution), whose customary laws are protected under the Constitution. Marriage All three UCCs prescribe a common 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. By prohibiting marriage during the subsistence of an existing marriage, the Codes prohibit polygamy and remove religion-specific exceptions that previously existed. Each law makes registration of marriages compulsory, though the consequences for failing to register differ. The UCCs also prohibit certain practices followed by sections of the Muslim community. One such practice is nikah halala, which requires a divorced woman to marry another man and obtain a divorce before remarrying her former husband. All three Codes provide that the right to remarry includes the right to remarry a divorced spouse “without any condition, such as marrying a third person before such remarriage”.

Forcing or abetting such practices attracts legal consequences. Marriages within prohibited degrees of relationship are invalid unless an established custom or usage governing one of the parties permits it and such custom is not against public policy or morality. Couples retain the freedom to solemnise their marriage according to their religious beliefs and customary rites (such as Saptapadi, Nikah, Anand Karaj or Ahom Chaklong Bibah). However, registration of the marriage is legally compulsory across all three States. UCC Bill ‘introduces moral policing, criminalises autonomy’ Divorce The three States establish a uniform judicial process for the dissolution of marriage, explicitly declaring that no marriage can be dissolved outside the Code, thereby overriding religion-specific procedures such as iddat or customary out-of-court divorces. Either party may seek divorce on identical grounds, including voluntary sexual intercourse with another person, cruelty, desertion for a continuous period of two years, conversion to another religion, or incurable unsoundness of mind. Wives are granted additional grounds for divorce, such as where the husband is guilty of rape or an unnatural sexual offence, or where he had more than one wife from marriages contracted before the UCC came into force. Couples may also seek divorce by mutual consent, provided they have lived separately for at least one year. Succession and inheritance Before the introduction of these laws, inheritance depended on religion-based personal laws. Hindus, Buddhists, Jains and Sikhs were governed by the Hindu Succession Act; Muslims largely followed uncodified personal law, while Christians and Parsis were governed by the Indian Succession Act. The Codes abolish differing religious inheritance laws by implementing a single framework for intestate succession, where a person dies without leaving a will. They define an identical order of preference beginning with Class I heirs, who inherit simultaneously. Under this system, the surviving spouse(s), every surviving child, the branch of any predeceased child and the surviving parents each receive an equal share. Sons and daughters inherit equally irrespective of religion, removing differences that previously existed under several personal laws.