The Uniform Civil Code (UCC) is a common set of civil laws governing marriage, divorce, adoption, succession, inheritance, and maintenance, replacing religion-based personal laws with a unified legal framework. Article 44 of the Indian Constitution mandates the state to endeavor for a UCC throughout India, though it remains a Directive Principle of State Policy rather than a fundamental right. States like Uttarakhand, Gujarat, and Assam have passed UCC legislation featuring mandatory marriage registration, uniform divorce procedures, women's rights protection, and restrictions on polygamy, while providing exemptions for Scheduled Tribes to preserve tribal customary laws. Meghalaya, which initially opposed UCC, is now reviewing Assam's model after observing that tribal safeguards can be incorporated, demonstrating how constitutional provisions can be adapted to balance national integration with cultural diversity and tribal autonomy.
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UCC Reaches Northeast? | Why Meghalaya Is Reviewing Assam Model | Vajiram and RaviAdded:
The uniform civil code wave which has taken up on India has entered northeast.
It was Assam which passed the legislation for uniform civil code yesterday and now Migalia is already reviewing it and the interesting thing here is Migalia stood in the strong opposition of uniform civil code. So the question is what exactly changed. Hello everyone, welcome to Vajra and Ravi's flash news. My name is Shubhangi Singh and in today's session we are going to understand three very important things.
First, what exactly has happened and what is UCC? Second, what are the things provisions in the uniform civil code that has been taken up in other states and now as fourth why actually Migala is considering it after opposing it for so long. So let us begin with understanding that what has happened and what is UCCC first. So as of now Assam has become the third state in our country to pass a bill for uniform civil code. Now can you tell me in the comment section which are the other two states? I will be revealing their names very soon. Now when we are talking about Assam bringing in this legislation and it has been passed by the assembly. It is still pending for president's ascent and also notification of rules. But this very development has brought the national debate on equality, gender justice, religious freedom and also tribal autonomy. So by the end of the session you will be able to join all of these together. But before we move further we need to understand that what exactly is UCCC. When we are talking about uniform civil code, it is basically a common set of civil laws which will be looking into marriage, divorce, adoption, succession, inheritance, maintenance and living relationships. Now why do we need a common set? Because in a diverse country like India, these factors are governed based on religion and their civil laws are based on religion itself. So there are different personal laws based on religion. For example, if you're talking about Hindus, Siks, Jens, Buddhist, they are governed by Hindu personal laws. If we are talking about Muslims, they are governed by Muslim personal law also known as Sharat. Now in this context, when we are looking at different personal laws, UCCC seeks to replace these religious personal laws and bring in a common set of civil laws which will be applicable to all the citizens. And this is not something that is coming out of the blue. This has been present in our constitution but in form of a directive principle for state policy in article 44 which states that clearly that the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. When we talk about constituent assembly putting this in directive principles of state policy it was not an easy decision. It was a long discussion and there were multiple arguments in the favor of putting uniform civil code as a fundamental right but based on arguments of both side. Arguments in favor such as national integration, equality before law, gender justice, removal of discriminatory religious practices and arguments against such that how there will been protection of minority right, how religious freedom will be ensured and also how there will be preservation of cultural diversity. So as a compromise UCC was placed under DPSP rather than fundamental rights. Now because this is a DPSP this is what state would endeavor. Now the applicability has come in. Now states are taking up individual states are taking this up. First it was Uttakhand second it was Gujarat and third now has become Assam. We are expecting another addition to the list by the name Migal.
We'll move to that why meal. But before that let us also try to understand that it is not just this DPS. It is also our fundamental rights which indicate towards the common set of civil laws which follow the fundamentals. For example, when we are talking about equality before law, it can be ensured through this common set of civil laws.
When we are talking about prohibition of discrimination, when we are talking about right to life and dignity, freedom of religion and protection of cultural rights, all of these are also relevant related constitutional provisions which direct towards a uniform civil set of laws which should be replacing personal laws. This is where I will also open the floor. What are your thoughts on this?
Do you think the arguments in favor of UCCC outweigh the arguments in disagreement? Let me know in the comment section. Now moving up to the second part of discussion. Now that you have understood what exactly is uniform civil code, let us move to see that what has been introduced in all these states.
Three states with such legislation.
Uttan came up with the first one and Gujarat passed a very similar legislation. Nothing major that changed and now it is us. The common features which are present in the uniform civil code legislation are the mandatory registration of marriage. Second uniform procedures for divorce. Third greater protection of women right and fourth restrictions for polygamy. These are certain features you will find across these legislations. But because the asaman has just been introduced let us take a deep dive there and understand the provisions. The first provision of UCCC in Assam has been the exception to schedule type. Assam being the state which hosts multiple schedule tribes.
This would have compromised their rights. So that is why the the first thing that has been done is being giving them the exception and this is the point that is what Migal is using to consider UCCC because this is what was the reason that Migal was opposing it. Migal was worried about the tribal customs, the tribal laws and so much more. Now that the exemption has been given, such exemption has been given in Uttraand also. So now the exemption has been given the tribal customary laws are protected. The respect for indigenous traditions and constitutional safeguards has also been ensured. Now the second provision is about mandatory registration. Mandatory registration of what? Registration of all marriages of all divorces and any living relationship that exist. The main thought that the government is pitching they are saying that we want to protect women's right.
We want to ensure there is no discrimination and that is why this registration is mandatory. But if you look from other lens this is where you will lose on the liberty. Do you think this is possible? This is where state is becoming too interventionist.
And the other provision that has been given in this UCCC is ban on polyami. So the uniform prohibition it is applicable to all communities which are covered by law. Another provision comes towards women's right. Strong inheritance and succession rights have been placed. That means there will be no gender discrimination when we are talking about inheritance or succession. There has been immense focus on gender justice and legal protection as well. This is another thing that Meghallay was worried about because Meghal is one of the place where in a lot of regions matrineal societies exist. That means it is not the sons who inherit, it is the daughters who inherit. So another reason Meghal was so opposed to UC was this. So this is another thing that Miguel is considering that how to balance and the government says that all of this has been done to ensure that proper protection is there child marriage is curbed legal accountability exist and women's rights are protected so is there dignity now this is where we also need to look into that what uniform civil code brings to the table the positives as well as the negatives so let us start with understanding what arguments are in favor Yes, uniform civil code can ensure gender justice. It can ensure equal rights for women's across communities no matter what religion they are coming from, what community they are coming from. This is where they will get uniform inheritance. They will not be discriminated against and they will also have proper marriage protection, equality before law, common legal standards for all citizens, no distinction or any stereotype or personal laws involved. And this will definitely help in national integration because the legal fragmentation that exists because of personal laws that will go away. There will be greater legal clarity. Citizens will be able to understand it. The complexity around it will be gone and this is expected to lead to a social reform. It should be able to eradicate social evils such as polygamy, unequal succession rights and so much more that exists in our society.
But this is just one side of the coin.
The other side in the name of uniform civil code also exists as religious freedom concerns. When we are talking about interference of the state in personal laws in the faith, where is the line to be drawn there? What about minority rights? Exemption exist but there can be cultural homogenization because of this. There might be impact on customary laws and most importantly federalism concerns. If different states have their own unique and cultural realities if such a plain direct code will be given then the uniqueness would be gone. And another thing that you can't forget that UCC comes with a political angle. It comes with a political pinch. Might not be very clear but it does exist. This is where we get to see that this is a politically charged agenda rather than a reform orientation. So this is again where I would like to know your thoughts. What do you think? Do you really think this is politically charged or it can actually help us on the arguments that are in favor? Now the only one question that is left with which we started that why Migallay is reviewing it. Initially as I mentioned Migghal was against it.
Migal took Assam as an example where they saw there was exemption which was given to schedule tribe. Migal understood that tribal safeguards can be placed and as of now the existing UCCC model seems to be preserving the customary practices. That is why Migal is reviewing Migal has not announced anything yet. Migal is considering this model. Now that was all from my side.
I'll be leaving you here with the prelimin practice question. Let me know the answer to this in the comment section. I'll be also waiting to hear your thoughts on UCCC in the comment section. Thank you so much.
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