Assam Government Apprises High Court That Muslim Marriage’s Act Stands Repealed Under UCC.

Guwahati; June 2026: The writ petition filed by the All Assam Kazi Association challenging the enactment and implementation of the Assam Muslim Marriages Registration & Divorces Act, 2024 was listed for hearing before the Gauhati High Court today (Thursday – 04th June 2026).

During the course of the hearing, the State Government submitted before the court that, in view of the passage of the Uniform Civil Code, Assam, 2026, the Assam Muslim Marriages Registration & Divorces Act, 2024 now stands repealed. According to the State, the challenge to the 2024 Act would consequently become infructuous.

The Assam UCC seeks to establish a common civil legal framework for all residents, except Scheduled Tribes in matters related to marriage, divorce, inheritance, succession and live-in relationships. The State Government further informed the court that it is at present in the process of framing and notifying the Rules under the Uniform Civil Code, Assam, 2026. Upon notification, the new legal regime will occupy the field of registration of Muslim marriages and divorces in the State of Assam.

The matter raises important questions concerning the future role and status of Kazis, the registration of Muslim marriages, and the transition from the existing legal framework to the new Uniform Civil Code regime.

The All Assam Kazi Association was represented by a team of counsel comprising Hafiz Rashid Choudhary, Abdur Razzaque Bhuyan, Adeel Ahmed, Nasim Akram Mazarbhuiya, Nekibur Zaman Choudhary, and Shahnaz Laskar.

The matter has been listed for August 07th this year (2026).

The Assam Legislative Assembly, on May 27, passed the Uniform Civil Code (UCC) Bill, 2026 after a day-long and heated debate marked by strong objections from the Opposition, which demanded that the proposed legislation be referred to a select committee for wider consultations.

With the passage of the Bill, Assam became the third state in the country after Uttarakhand and Gujarat to enact a Uniform Civil Code law. Goa already follows a common civil law system inherited from the Portuguese colonial period.

The Bill seeks to establish a common legal framework governing matters such as marriage, divorce, succession, inheritance and live-in relationships irrespective of religion. It also proposes to ban polygamy and makes registration of live-in relationships mandatory.

The proposed legislation contains several stringent provisions, including imprisonment of up to 07 years for offences related to bigamy or polygamy. It also prescribes up to 03 months’ imprisonment for failure to register a live-in relationship within the stipulated period.

Meanwhile, Christian and Muslim leaders in India have expressed concern and disappointment after the northeastern state of Assam implemented a Uniform Civil Code (UCC), describing the move as divisive and potentially harmful to religious and cultural diversity.

The legislation follows the passage of the Assam Prohibition of Polygamy Bill in late 2025. As part of streamlining the legal system, the new UCC repeals the Assam Compulsory Registration of Muslim Marriages and Divorces Act. Calling it a “watershed moment” in Assam’s history, CM Himanta Biswa Sarma defended the exemption granted to tribal communities.

“Tribals have been exempted from the UCC because they have customary norms that protect the rights and dignity of women and prohibit polygamy. The decision is our mark of respect for tribal customary laws and traditions”, Sarma said. He added that the law would also protect Muslim women by preventing child marriage, banning polygamy, and ensuring compulsory registration of marriages and divorces.

Implementation of the UCC was one of the BJP’s major promises during the Assam Assembly elections held on April 09th.

However, opposition leaders accused the government of pushing the law without proper consultation.

Wajed Ali Choudhury, leader of the opposition from the Congress Party, said the BJP government passed the bill without engaging community-based organizations and alleged that the move was part of a divisive political agenda aimed at Muslims.

Akhil Gogoi, president of the regional opposition party Raijor Dal, described the UCC as a “political stunt” by the BJP and Sarma to appease the party leadership and the Rashtriya Swayamsevak Sangh (RSS), a Hindu nationalist organisation. “There is nothing new here. We already have laws prohibiting polygamy, child marriage, and registration of Muslim marriages”, Gogoi said.

The Uniform Civil Code refers to a common set of personal laws applicable to all Indian citizens regardless of religion, covering issues such as marriage, divorce, inheritance, and adoption. Christian groups also voiced apprehension over the possible impact of the law on religious autonomy.

“The proposed Assam UCC supersedes the Christian Marriage Act, shifting marriage authority from church covenants to state-regulated civil structures, which threatens religious autonomy”, Allen Brooks, spokesperson of the Assam Christian Forum (ACF), told media reporters. Brooks have also questioned the exclusion of Scheduled Tribes from the law.

“While aiming for uniformity, the law exempts Scheduled Tribes. This contradiction weakens the principle of equality under Article 44 of the Indian Constitution, excludes tribal women from gender justice, and risks deepening tribal divisions. Uniform means equality, but here there appears to be discrimination against certain sections of society”, he added.

Muslim leaders also expressed reservations about imposing a single legal framework on India’s diverse communities. “India is known across the world as a symbol of unity in diversity. That is the beauty of this nation; we have different traditions and customs, yet we remain one”, said Muhammad Arif, chairman of the Centre for Harmony and Peace, based in Varanasi.

“Bringing everything under one umbrella will be difficult, and we do not agree with it”, he told news reporters. “The real priority should be ensuring equal opportunities in jobs, land, power, gender justice, and religious freedom”.

Team Maverick.