Gujarat introduces Uniform Civil Code Bill in state assembly

THe gujerat regime on midweek tabled a federal reserve note that seeks to put back religion-specific personal laws with a single Uniform Civil Code covering marriage, divorce, succession, live-in relationships and related matters for all residents of the state.Deputy chief minister Harsh Sanghavi introduced the bill, which was drafted following a report by a committee chaired by retired Supreme Court judge Ranjana Prakash Desai.Sangavi said the proposed Gujarat Uniform Civil Code, 2026, aims to bring uniformity, gender justice and simplification to personal laws across the state. The code, however, does not apply to members of Scheduled Tribes under the Constitution or to groups whose customary rights are protected under Part XXI of the Constitution.The proposed code will apply to the state and its residents, irrespective of where they live. Among those who will be covered by the code will be those born in Gujarat, who own property there, are employed by state or central government bodies, or have lived in the state for the last ten years.The Bharatiya Janata Party (BJP)-ruled Uttarakhand was the first state to pass a UCC law in February 2024. Other BJP-ruled states, such as Assam and Gujarat, have promised to implement UCC, the ruling party’s only major unfulfilled ideological promise.The Gujarat version of the code also seeks to bring live-in relationships within a formal legal structure by requiring registration and prescribing consequences for non-registration, false declarations and prohibited arrangements. It also requires the registrar to inform the local police station upon receiving a statement about a live-in relationship, and to notify parents or guardians if either partner is under 21 years of age.The bill makes registration of live-in relationships mandatory for all couples residing in Gujarat, regardless of whether they are Gujarat residents. Registration will be optional for Gujarat residents in a live-in relationship outside the state. Couples must submit a statement to a registrar, who will verify that the relationship does not involve a minor, a person already married, or persons within prohibited degrees of relationship.A woman deserted by her partner in a live-in relationship may claim maintenance through the courts.Under the code, Couples who do not register within one month of entering a live-in relationship face imprisonment of up to three months or a fine of up to ₹10,000 or both. Those who obtain consent through force or fraud face imprisonment of up to five years.Under its provisions relating to marriage, a valid marriage between a man and a woman requires that neither party has a living spouse, both give valid consent without unsoundness of mind or mental disorders rendering them unfit, the man is at least 21 years old and the woman at least 18, the parties are not within prohibited degrees of relationship unless custom permits, and the marriage is not barred by any existing law.Any religious or customary ceremony is recognised, including Saptapadi, Nikah, Anand Karaj, Arya Samaj rites, Mangal Fera or any other traditional practice.All marriages involving at least one Gujarat resident must be registered within 60 days of solemnisation. Marriages contracted between March 31, 2006 and the commencement of the code get one year to register. Earlier marriages may be registered optionally if conditions are met. The bill also bars the dissolution of marriages through any method outside the courts.On divorce, the bill lists grounds including cruelty, desertion for two or more years, conversion of religion, and mental illness. It also has provisions relating to maintenance, custody of children, and alimony. A person whose marriage is dissolved is entitled to remarry, including the former spouse, without conditions.The bill also requires registration of divorce decrees passed by any court in the state within 60 days of the decree attaining finality. Decrees passed by courts outside Gujarat, where at least one party is a Gujarat resident, are also required to be registered. Decrees that attained finality before the code comes into force may be registered within one year of commencement. The registration is to be done by submitting a memorandum to the registrar within whose jurisdiction the marriage was contracted or either party resides.The bill introduces a framework for succession that applies to all residents regardless of religion. It places spouses, children, and parents as the first class of heirs. The provisions cover both inheritance without a will and inheritance through a will, including rules on the execution of wills, rights of an unborn child, and disqualification of a person who commits murder from inheriting.