The Assam Legislative Assembly passed the Uniform Civil Code (UCC) Bill on May 27, becoming the third State after Uttarakhand and Gujarat to enact its own common civil law. The Bill proposes a common civil framework governing marriage, divorce, inheritance, and live-in relationships—prohibiting polygamy and first-cousin marriages, enforcing equal inheritance rights for sons and daughters, and mandating registration of marriages, divorces and live-in relationships.

While the UCC overrides several practices under Muslim personal law, it leaves tribal customs untouched. The Scheduled Tribes of Assam have been granted complete exemption from the UCC.

Defending the exemption, Chief Minister Himanta Biswa Sarma stated: “Tribal societies in Assam have long followed strong customary laws that already uphold gender dignity and social balance.”

However, interviews with tribal community members, scholars, and legal experts indicate that problems exist in relation to gender inequality in inheritance among tribal communities. In the absence of codified customary laws, questions on legal protection of women remain unanswered.

Experts caution against treating tribal customs of Assam as constituting a monolithic legal system. “Tribal customs in the north-east, and the tribes of Assam, are diverse. Customs are tribe-specific,” said Thangzakhup Tombing, Assistant Professor of Law and convenor of the Centre for Tribal Law, Policy and Justice at the National Law University and Judicial Academy, Assam.

According to him, customary systems differ significantly among Bodo, Karbi, Mising, Dimasa, and other tribes of Assam that are governed by autonomous district councils under the Sixth Schedule of the Constitution.

One of the central objectives associated with the UCC is equal inheritance rights for men and women. Interviews indicate that many tribal inheritance systems do not fully conform to that model.

Janak Singh Phangcho, a schoolteacher belonging to the Karbi tribe from Karbi Anglong, explained that ancestral property generally passes through the male line. “After the father’s death, property generally goes to the eldest son,” he said. Asked whether daughters receive land, he replied: “They do not actually get it. Some people may give something out of affection.”

A similar picture emerged from the Mising community. “Property inheritance traditionally goes mostly to sons, especially ancestral land and family property,” said Sanskriti Mili, a student from the Mising tribe studying in Dibrugarh University. “Daughters were usually given gifts, care, and support. But equal share was not traditionally given in every family, though views are changing now.”

Likewise, a Bodo ccommunity member said that while significant social reforms had occurred over the years, inheritance practices had not witnessed substantial change: “Inheritance is largely patriarchal, with immovable property going to the eldest son. Even beyond inheritance, a lot has to be done for improving the condition of women.”

Prof. Tombing said that while women in tribal communities get respect and “certain kinds of protections”, it is not enough to assume that things are perfect for them “without looking deep into the dynamics of the communities”. “Most tribal communities are patrilineal,” he noted.

Prof. Humi Thaosen of the Department of Anthropology, Gauhati University, is from the Dimasa tribe. She said that both patrilineal and matrilineal affiliations exist simultaneously in the Dimasa inheritance system. However, she noted that “generally land is bestowed on the males” while women traditionally inherit movable property such as “jewellery, handloom, and other personal assets”. But Thaosen acknowledged that things were changing: “Nowadays, daughters also inherit. The father would be distributing it equally among the children, irrespective of whether it’s a daughter or a son.” She added: “It is not codified, but it has become a common practice.”

“Many of these tribes do not have a written document of customary laws. There might have been written customary law, but not necessarily codified and notified as gazetted order,” said Prof. Tombing. According to him, this creates uncertainty when disputes arise over inheritance, marriage or family rights.

“Let’s say a woman belonging to the Karbi, Mising, or Bodo tribe says, ‘I have a right to inheritance and the customary law is not providing me that kind of a right.’ That would be a constitutional query. The tribal communities may not have thought of such a situation, and this can create some tension and confusion,” he said. He added that without formal codification, the exact content of customary law can become difficult to establish, potentially creating confusion over which rules apply and how they should be interpreted.

Marriage, divorce, alimony, and community justice

Several interviewees said family matters were handled primarily through community institutions rather than courts. The schoolteacher Phangcho said: “We [the Karbi tribe] do not go to court. We follow our customary law.” Marriages are seldom registered and are generally conducted before family elders, village leaders, and community representatives. Divorce disputes, he said, are resolved through community deliberations. “If someone wants separation, discussions happen first, and then the village elders decide.”

Asked about maintenance or post-divorce alimony provisions, he responded: “No, there is no fixed provision like that.” Sanskriti Mili said: “Traditionally, the Mising community does not have a robust alimony system.” She explained that disputes are often settled through families and community institutions, although women today can seek maintenance through Indian law. Such practices illustrate the gap between formal legal frameworks and customary governance systems.

On the question of cousin marriage, which comes under UCC jurisdiction, Prof. Tombing said such practices differ widely across communities. “For some communities there is no such thing as cousin marriage, but for some communities it is there.” He said that such differences illustrate why debates over uniformity remain contentious. “What one community sees as incest may not be seen that way by another community,” he said.

Speaking of Karbi customs, Phangcho said marriage within the same clan is prohibited: “If they belong to the same clan, they are treated as brother and sister.” At the same time, certain cousin marriages are permitted. “Marriage with the daughter of one’s maternal uncle is allowed.”

Blanket tribal exemption and consent over UCC

Speaking about the exemption from the UCC granted to STs, Prof. Thaosen said the decision was welcome for the Dimasa tribe, whose customary laws were largely favourable for the community. But she cautioned against generalising: “It is subjective. I cannot just say that all the customary laws are favourable for everyone.” She recalled attending a meeting in Guwahati where representatives from different north-eastern tribes were present. Some tribes expressed willingness to be brought under the UCC because they were unhappy about certain aspects of their customary laws.

Thaosen suggested that the government should adopt a nuanced approach: “The UCC is a good step. But at the same time, one should try to sit with the communities and keep the UCC subjective, paying heed to the requirements of the communities, whether they want to be included or not. You cannot just generally put it out there that everybody would want or wouldn’t want it.”

This complete exemption for tribes and the government’s claim that tribal societies are internally progressive are in sharp contrast with the treatment of Muslim personal law.

Hafiz Rashid Ahmed Choudhury, senior advocate at Gauhati High Court and a key voice among Muslim organisations, contended that the exemption granted to Sixth Schedule tribes undermines the government’s justification for intervening in Muslim personal law. “The autonomy given to tribal councils and the protections under the Sixth Schedule are for administration and self-governance,” he said. “That does not mean family law cannot be legislated upon.” While tribal customs and distinct cultures should be respected, he argued, “once you speak of family law under Article 44, there cannot be one principle for tribals and another for non-tribals”.

He pointed out that Article 44 of the Constitution directs the state to endeavour to secure a Uniform Civil Code “throughout the territory of India”. “Despite such a concept, they have already exempted the tribes. That means you are targeting Muslims only,” he said. “The government is saying it is bringing a Uniform Civil Code. But if a large segment such as the tribal communities, who might account for 15 to 20 per cent of the population, is exempted, then it cannot be called uniform.”

He pointed out that a common civil code was envisaged as a Directive Principle rather than an enforceable law. “It was never meant to be imposed on communities,” he said. Questioning the urgency of the government’s move, he noted that the 21st Law Commission had concluded in 2018 that a UCC was “neither necessary nor desirable at this stage”, while the consultation process for the 22nd Law Commission received around 8.5 lakh responses in total, in support of and in opposition to UCC. He also questioned the haste behind the move. “Is it [the haste] because there is a political motive behind it?”

The Bill is currently awaiting the assent of the Governor and the President of India. Meanwhile, Muslim organisations have begun mobilising against it. Choudhury said nearly 13 religious and civil society organisations from Assam have decided to make a representation requesting that the Bill not be passed. “We are submitting a memorandum to the Governor and the President asking them not to give assent to the Bill,” he said. He added that the coalition intends to pursue, if necessary, further legal and constitutional remedies to challenge the legislation.

Madhav Singh Sodh is a freelance journalist, currently pursuing his master’s in Jamia Millia Islamia University, Delhi.

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