The Assam government has introduced a Uniform Civil Code (UCC) Bill, aimed at consolidating and simplifying laws governing marriage, divorce, succession, and live-in relationships in the state. The bill, which was introduced in the Assam Assembly on Monday, seeks to ensure a common legal framework for all residents of the state, while excluding Scheduled Tribes from its purview to preserve their constitutional protections.
One of the key features of the bill is the requirement for marriages to be registered within 60 days of the ceremony, while live-in relationships must be registered within 30 days. Deliberate failure to register marriage or divorce within the stipulated 60-day period will attract a penalty of ₹ 10,000. The bill also prohibits polygamy, sets a standardised legal age of 21 years for grooms and 18 years for brides, and safeguards cultural diversity by granting full freedom of ritual, allowing marriages to be solemnised through any existing religious ceremony or custom.
The bill further proposes a statewide registration of all marriages and divorces, with couples required to submit a memorandum to the Sub-Registrar within 60 days of the ceremony. Notably, the bill also ensures uniform grounds for divorce, such as cruelty, desertion, or mutual consent, and ensures early childhood custody of children under five ordinarily remains with the mother. The bill also declares that any child born out of a live-in relationship is fully legitimate, and grants a deserted live-in partner the explicit legal standing to claim financial maintenance through the courts.
Regarding inheritance laws, the bill creates a "uniform, gender-equal order of preference for intestate inheritance among Class-1 heirs", which includes the spouse, children, and parents of the deceased. For testamentary succession, any adult of sound mind is granted the legal right to execute a written, witnessed Will. The bill also proposes to have up to 7 years of imprisonment under Section 82 of the Bhartiya Nyaya Sanhita (BNS), 2023, for any instances of polygamy or bigamy.
Meanwhile, in a separate news, the Indian government has reiterated the importance of following the structured process for eviction in rented properties. Landlords must follow the procedure instead of taking the law into their own hands, as eviction without a written agreement is legally possible but significantly harder. The existence of tenancy must be proved through rent receipts, bank transfers, WhatsApp chats, electricity bills, or witness statements. Oral tenancies are recognised in many situations, but they make disputes considerably harder to resolve.
The landlord must send a formal legal eviction notice to the tenant, which is not optional and skipping it can result in the eviction suit being dismissed at the outset. Under Section 106 of the Transfer of Property Act, 1882, a landlord must serve a written termination notice before the tenancy can be legally ended. For a monthly tenancy, a minimum 15-day notice is required, while for a yearly tenancy, a 6-month notice is required. The notice must be in writing, signed by or on behalf of the landlord, and delivered either by post, in person, or affixed to a conspicuous part of the property if personal delivery is not possible.
The notice generally includes the details of the property, the grounds for eviction, the time period given to vacate, any outstanding rent dues, and a warning of legal proceedings if the tenant does not comply. In many cases, disputes get resolved at this stage itself. However, a landlord cannot physically evict the tenant, throw out their belongings, change locks without a court order, disconnect water or electricity, or threaten or harass the tenant in any manner. Cutting off basic utilities or changing locks is considered an illegal "self-help" eviction and can result in criminal charges, police complaints, and compensation claims against the landlord, even if the tenant is in the wrong.
