Amid concerns raised by Opposition MLAs, including over the exemption of the state’s Scheduled Tribes (ST) population and over regulations on live-in relationships and a demand for wider consultations before considering the legislation, the Assam Assembly Wednesday passed the Uniform Civil Code (UCC) Bill, two days after it was tabled in the House.The discussion on the Bill, which was introduced less than two weeks after the second Himanta Biswa Sarma-led NDA government was sworn in, lasted over five hours. The Bill – which states that its aim is to “govern and regulate the laws relating to marriage and divorce, succession, live-in relationships” and connected matters – was passed amidst protests by Opposition MLAs and a demand that it be sent to a select committee.During the course of the debate, Congress MLA Jakir Hussain Sikdar had raised the demand for public consultation before passing the Bill.“The Central Law Commission had in 2018 said that a UCC is neither necessary nor desirable at this stage, but that if the government wants to introduce such a step, then consultations have to be held with the public, religious organisations and political parties. They brought the UCC Bill in the Assembly, the Cabinet took a decision and the Bill was tabled. But before that, the Assam government did not hold consultations with the people of the state… They are calling the UCC historic, so before taking such a historic decision, it can’t be just with the discussion of 126 MLAs in the Assembly… This Bill should not be passed and should be brought to the Assembly only after wide consultations with the public and organisations,” he said.Must Read | UCC will not encroach upon rights of tribals: Amit ShahThe Sarma government has particularly highlighted provisions in the Bill prohibiting child marriage and polygamy, mandating registration for marriage and divorces, uniform grounds for divorce, and “gender-equal order of preference for intestate inheritance among Class-1 heirs” as a step towards “gender justice.”“This is the most secular, uniform and progressive law which will especially benefit Assam’s ‘nari shakti’ (women’s power) by protecting them from polygamy and love jihad, making these punishable offences and also ensuring women have full rights in case of inheritance, divorce and desertion,” Sarma said after the Bill was passed.Multiple Opposition MLAs argued during the debate that existing laws make the UCC redundant. “There are already strong laws in the country against child marriage and for women’s rights. The Prohibition of Child Marriage Act is in place across the country and the Assam government itself has arrested thousands of people on the basis of this… triple talaq has been made a punishable offence. For polygamy, the Assam Assembly passed an Act last year making it a punishable offence… When these laws are in place, then what can be the political motive of bringing in a UCC?” said Congress Legislature Party (CLP) leader Wazed Ali Choudhury.Story continues below this adIn a state where the 2011 Census had placed the population of STs at 12.44% of the population, and where there are three Sixth Schedule autonomous district councils – the Bodoland Territorial Council, North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council – for administrative autonomy for ST communities, the provision of which states that “ it will not apply to members of any Scheduled Tribes” came under debate.“What does uniform mean?… The content of this large Bill does not align with its title. Because to be uniform, it has to be the same for everyone staying in this state. I have no objection with someone being left out from it, I respect all tribes and communities, but the name should be changed… The CM and the other MLAs have been talking about ‘rights’ being secured by the Bill, but in that case, aren’t the women of those who are being left out being deprived of their rights?” Sikdar sai.Also Read | From polygamy and live-in relationships to inheritance: What Assam’s sweeping UCC Bill seeks to regulateNewly elected BJP MLA and former Chief Executive Member of the Karbi Anglong Autonomous Council Tuliram Ronghang accused Opposition MLA questioning the exemption of ST communities of having “not read the Constitution”.“Under Paragraph 3 of the Sixth Schedule to the Constitution of India, the Autonomous Councils are empowered to make laws concerning marriage and divorce, social customs, and inheritance of property. These provisions protect the unique traditions, customary practices, and identity of our indigenous communities. The exemption reflects the Constitutional spirit of balancing progressive reforms with the preservation of tribal rights and cultural heritage,” he said.Story continues below this adIn his reply to the discussion, Sarma, claiming that tribal customary laws enshrine principles of equality declared, “Medicine will be given where there is illness… UCC will give radiotherapy, chemotherapy where there is cancer. Where there is no cancer, there is no necessity of giving radiotherapy.”“Whether we bring UCC or not, our tribal people never accept polygamy … Our tribal people give equal rights to girls, they do not accept live-in relations. Self regulation is the best regulation. If Hindu and Muslim societies also had customary rights like tribals and our society would have been tied together with equal rights like them, maybe a UCC would not have been required for anyone,” he said.Provision for live-in relationshipsLike in Uttarakhand and Gujarat, a critical part of the Bill relates to live-in relationships, and it requires the registration of such relationships within the state with an appointed sub-registrar, and even extends to “any resident(s) of Assam staying in a live-in relationship outside the territory of the state” to “the sub-registrar within whose jurisdiction such resident(s) ordinarily resides,” with proposed penalisation for non-registration.Raijor Dal MLA Akhil Gogoi called the regulations of live-in relationships “complete interference in private liberty”. “What it is seeking to bring here is a bureaucratic individual who will keep inspecting two people’s private matters and they have named that person a sub-registrar… Not only will this personal informal information be with the sub-registrar, it will then reach the police station, and the police station will be able to give it to anyone. This is complete interference in private liberty and a violation of the Constitutional standard of proportionality… Where in the world is this putting criminality and penal provisions on a civil matter within the ambit of the constitution… This will bring harassment on Assam’s youth, moral policing, social coercion…” he said.Story continues below this adZubair Anam from the Congress, stated “this Bill operates under the assumption that all police are non-corrupt” and “allows police to enter the bedroom”.Sarma responded claiming that the regulations are aimed at ensuring “responsibility” in such relationships. “If the Supreme Court says that live-in relationship is allowed and is almost on the same pedestal as marriage, then the government will obviously have to regulate it. If a child is born, who will be responsible for it?… We will not say whether it’s good or bad. But if after a few years there’s a break-up, what will the girl get? What will be her rights? We are not saying live-in relationships are bad but in any relationship, people will have to take up responsibilities. If there is no legal coverage, where will the girl get rights from?”Several NDA MLAs spoke in favour of the regulations as a disincentive and a way for parents to track these relationships. Former minister and BJP MLA Pijush Hazarika said, “Which parent wants that an 18-year-old son they sent to Delhi to study, that their 18-year-old girl in Bangalore, or Delhi or Chennai, be in a live-in relationship without their parents knowing. Who will want it?”