APSC Answer Writing (Daily) based on Assam Tribune – 11/03/2025
For APSC CCE and other Assam Competitive examinations aspirants, practicing Daily Answer Writing is vital. This blog covers the most important Main question and its model Answer from the Assam Tribune today (11-03-2025).
Mains Question
“The implementation of the Uniform Civil Code (UCC) in Assam is expected to bring uniformity in personal laws and ensure gender justice. However, it also faces resistance from religious and tribal communities. Critically analyze the challenges in implementing UCC in Assam and suggest measures to ensure a balanced and inclusive approach.” (GS Paper 2: Indian Constitution, Governance, Social Justice)
Model Answer
Introduction
The Uniform Civil Code (UCC) seeks to replace religion-based personal laws with a common legal framework for marriage, divorce, inheritance, and adoption. Assam’s decision to implement UCC aligns with Article 44 of the Constitution, which envisions uniformity in civil laws for all citizens. However, in Assam—home to a diverse mix of Hindu, Muslim, Christian, and tribal communities—the move has triggered legal, social, and political debates regarding religious freedom and cultural autonomy.
Why is Assam Implementing UCC?
✅ 1. Ensuring Gender Justice & Legal Equality
- Personal laws (e.g., Muslim inheritance laws, polygamy, and child marriage) often discriminate against women.
- UCC will provide equal rights in marriage, divorce, and property for all communities.
✅ 2. Eliminating Multiple Personal Laws & Legal Complexity
- Assam currently follows Hindu, Muslim, Christian, and tribal customary laws for civil matters.
- UCC will replace these fragmented laws with a uniform legal code, simplifying legal proceedings.
✅ 3. Preventing Child Marriage & Polygamy
- Assam has a high rate of child marriage, especially in marginalized communities.
- UCC will enforce a single marriageable age for all citizens, preventing underage marriages.
✅ 4. Strengthening National Integration
- A common civil code will help promote unity and equality among diverse religious and ethnic groups.
- UCC ensures that laws are based on citizenship, not religion or community identity.
Challenges in Implementing UCC in Assam
✅ 1. Opposition from Religious Groups
- Muslim organizations argue that UCC violates Sharia-based inheritance, marriage, and divorce laws.
- Christian groups fear losing their autonomy in family laws governed by church traditions.
✅ 2. Resistance from Tribal & Indigenous Communities
- Assam has several Scheduled Tribes (STs) like the Bodos, Karbis, and Rabhas, who follow customary laws for marriage and inheritance.
- Tribal leaders demand exemptions, similar to those provided in Uttarakhand’s UCC law.
✅ 3. Constitutional & Legal Hurdles
- Article 25 of the Constitution guarantees religious freedom, which includes the right to follow personal laws.
- The Sixth Schedule of the Constitution grants tribal councils autonomy in legal matters—UCC may conflict with these provisions.
✅ 4. Political & Electoral Sensitivities
- Assam has a significant Muslim population (34.22% as per Census 2011).
- Implementing UCC without consensus may polarize voters along religious lines.
✅ 5. Practical Difficulties in Legal Transition
- Shifting from multiple personal laws to a uniform system will require significant legal reforms and public awareness campaigns.
- Issues of registration, documentation, and legal interpretation may create confusion during the transition period.
Government Measures for a Balanced Implementation of UCC
✅ 1. Special Provisions for Tribal & Ethnic Groups
- The government may exempt Scheduled Tribes from UCC, as done in Uttarakhand.
- A hybrid model can be introduced where customary tribal practices are preserved while ensuring gender justice.
✅ 2. Gradual Implementation Approach
- Instead of enforcing all civil laws at once, the government can start with marriage, divorce, and adoption laws, leaving inheritance laws for later.
- This phased approach will help communities adapt to legal changes.
✅ 3. Extensive Public Consultation & Awareness
- Organizing dialogues with religious and tribal leaders to incorporate their concerns.
- Legal literacy campaigns to educate citizens about UCC’s benefits.
✅ 4. Strengthening Legal & Institutional Framework
- Establishing Family Courts for dispute resolution under UCC.
- Ensuring legal aid services for marginalized communities during the transition.
✅ 5. Learning from Other States & Countries
- Studying Uttarakhand’s UCC model and Goa’s long-standing civil code to understand best practices.
- Adapting principles from France, Turkey, and Indonesia, where secular family laws exist alongside religious traditions.
Way Forward
✅ 1. A Balanced & Inclusive Approach
- Assam’s UCC should be flexible, respecting cultural diversity while ensuring gender justice.
- The law should strike a balance between uniformity and individual rights.
✅ 2. Strengthening Judicial & Administrative Readiness
- Assam must prepare its judiciary, lawyers, and administrative officers for the transition.
- Ensuring fast-track courts for UCC-related legal disputes.
✅ 3. Promoting Social Harmony
- The government must avoid politically motivated implementation and ensure that UCC is framed as a progressive legal reform, not a religious issue.
- Encouraging multi-religious panels to oversee implementation.
✅ 4. Expanding Legal Education & Public Discourse
- Creating school and college-level debates on UCC and constitutional values.
- Encouraging women’s rights groups to participate in policy discussions.
Conclusion
The implementation of UCC in Assam is a landmark reform that can ensure gender equality, legal uniformity, and social justice. However, its success depends on how well it accommodates Assam’s religious and tribal diversity.
By adopting a gradual, consultative, and legally sound approach, Assam can implement UCC while maintaining social harmony and protecting cultural identities. A well-structured UCC can serve as a model for other states, ensuring legal justice for all citizens while respecting India’s pluralism.
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