BJP Run Gujarat Set to Become Second State After Uttarakhand to Introduce Uniform Civil Code.

After Uttarakhand, Gujarat Moves Toward Uniform Civil Code: Draft Bill Proposes Mandatory Registration of Marriages and Live-In Relationships, Bans Polygamy, Halala.

Upananda Brahmachari | HENB | New Delhi | In a significant legal and social reform initiative, the government of Gujarat has drafted the Gujarat Uniform Civil Code (UCC), 2026 Bill, aiming to standardize laws governing marriage, divorce, succession, and live-in relationships across religious communities. The move mirrors the framework adopted earlier by Uttarakhand, signaling a broader push toward uniform personal laws in BJP-ruled states.

The draft bill has already received approval from the state cabinet and has been forwarded to the assembly secretariat. It is expected to be tabled for discussion during the ongoing budget session, with deliberations likely to intensify ahead of a scheduled debate later this month.

The Bharatiya Janata Party (BJP) has been in power in Gujarat for over 30 years since 1995, winning a seventh consecutive term in the December 2022 Assembly elections.

A Push for Uniformity with Key Exemptions

The proposed legislation seeks to establish a single set of civil rules applicable to all citizens, regardless of religion, in matters such as marriage registration, divorce procedures, inheritance, and live-in relationships. However, members of Scheduled Tribes (STs) have been explicitly exempted from the ambit of the law, maintaining a long-standing constitutional safeguard for tribal customs and traditions.

While the bill allows individuals to solemnize marriages according to their religious customs, it makes registration of marriages and divorces mandatory. Failure to comply could attract penalties of up to ₹10,000, marking a shift toward stronger legal accountability in personal matters.

Strict Regulations for Live-In Relationships

One of the most notable features of the draft is the formal recognition and regulation of live-in relationships. Couples entering such arrangements will be required to submit a declaration to the district registrar within whose jurisdiction they reside. Additionally, they must notify authorities upon termination of the relationship, ensuring a formal legal record.

The bill also introduces safeguards for women and children in such unions. Women abandoned by their live-in partners will have the legal right to claim maintenance, aligning their protections more closely with those available in formal marriages. Children born out of live-in relationships will be recognized as legitimate, granting them equal legal status.

Further, the draft proposes shared parental responsibility, including a 50-50 liability for child welfare, reinforcing accountability on both partners.

Marriage, Divorce and Social Reform Measures

The UCC draft retains the legal marriage age at 21 for men and 18 for women but introduces stricter provisions against exploitative practices. It explicitly bans polygamy, prescribing imprisonment of up to seven years for violations. Marriages conducted through force, coercion, or fraud would also attract stringent penalties.

In a move seen as addressing controversial practices such as halala, the bill allows divorced individuals to remarry freely, including the option to remarry their former spouse without additional conditions.

Simplifying Inheritance Laws

To reduce disputes and bring clarity to succession matters, the bill introduces a structured classification of heirs into three categories in cases where an individual dies intestate (without a will). This provision is intended to streamline property distribution and minimize prolonged legal conflicts.

Political Context and Growing Momentum

The Gujarat draft follows the implementation of a similar UCC framework in Uttarakhand in January 2025, reflecting a growing legislative trend. The bill was formulated after extensive consultations by a state-appointed panel, which submitted its report to Chief Minister Bhupendra Patel shortly before its introduction.

The government has framed the proposed law as a step toward gender justice, equality, and social reform, emphasizing the need for uniform legal standards in a diverse society.

Debate and Controversy Ahead

Despite the government’s stated objectives, the bill is expected to spark intense debate. Critics are likely to question its constitutional implications, particularly concerning religious freedom and personal laws. Provisions such as the ban on polygamy, regulation of live-in relationships, and changes affecting traditional practices may face opposition from various quarters.

As Gujarat prepares for legislative debate, the proposed UCC bill stands at the center of a broader national conversation on balancing uniformity, individual rights, and cultural diversity in India’s legal framework.
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