UCC in Assam: Akhil Gogoi warns law enables state surveillance of private lives
Synopsis
Key Takeaways
Raijor Dal president and Sivasagar MLA Akhil Gogoi on Wednesday, 27 May launched a sharp broadside against the Assam government over its proposed Uniform Civil Code (UCC), alleging that the draft legislation would institutionalise state surveillance of citizens' private lives and amount to a direct assault on constitutional freedoms.
What Gogoi Alleged
Addressing reporters in Guwahati, Gogoi claimed the proposed UCC would empower bureaucrats and law enforcement agencies to monitor personal relationships, intimate lifestyles, and private conduct. “This bureaucracy will spy on you — how you live and how you conduct your personal life. There will be continuous surveillance over private matters. How can this be accepted in a democratic society?” he said.
The Raijor Dal leader further alleged that the mechanism envisaged under the draft law would allow government agencies to intrude into domains that have traditionally been considered personal and beyond the state's reach.
Constitutional and Supreme Court Arguments
Gogoi invoked the Constitution and cited repeated observations by the Supreme Court on the right to privacy to buttress his critique. “What does the Constitution say, and what has the Supreme Court repeatedly stated? The Supreme Court has made it clear time and again that Parliament or state assemblies cannot interfere in private life in such a manner,” he argued.
He described the proposed provisions as a violation of the spirit of the Constitution, pointing to the landmark privacy jurisprudence that has evolved through successive Supreme Court rulings over the past decade.
Attack on the BJP-Led Government
Targeting the Bharatiya Janata Party (BJP)-led Assam government headed by Chief Minister Himanta Biswa Sarma, Gogoi alleged that the administration was attempting to exercise excessive control over citizens through state machinery. He specifically raised the spectre of “moral policing”, questioning whether police officials and bureaucrats would begin scrutinising how people conduct their relationships and personal lives.
Calling the draft legislation an “attack on personal liberty”, Gogoi demanded the withdrawal of the controversial provisions, asserting that citizens in a democracy must be free from state interference in their private affairs.
Context and Background
The Assam UCC debate has intensified in recent months as the state government has signalled intent to move ahead with its own version of the code, separate from the national conversation around a central UCC. Assam would join Uttarakhand — which enacted its UCC in 2024 — as one of the few states to pursue the legislation independently.
Critics across civil society and opposition parties have raised concerns about the scope of the proposed Assam draft, particularly around provisions that they argue could enable administrative overreach. Notably, this is not the first time Gogoi — a former RTI activist and anti-corruption campaigner — has positioned himself as a constitutional watchdog against what he terms majoritarian governance in Assam.
What Happens Next
The Assam government has not yet formally tabled the UCC draft in the state assembly, and the timeline for legislative action remains unclear. Opposition pressure and civil society scrutiny are likely to intensify as details of the draft provisions enter the public domain. How the Sarma government responds to the privacy and surveillance critique will be closely watched by legal experts and rights groups alike.