A woman inheriting property, a couple filing for divorce, or love birds registering a live-in relationship. Each belongs to a different religion. They must walk a different legal path in Gujarat.
One bill wants to give them all the same road.
The Gujarat government has introduced the Gujarat Uniform Civil Code (UCC) Bill in the state legislative Assembly. The bill proposes a common legal framework governing marriage, divorce, succession and live-in relationships. It would be applicable to all residents, irrespective of religion.
The UCC is a simple idea with a complicated history: that the law should see citizens before it sees their faith. Gujarat’s move places it at the front of a conversation that has simmered in Indian public life for decades and is now, finally, being legislated.
The bill also proposes tighter rules around marriage registration, signalling that the state intends not just to unify personal law but to enforce it with greater rigour.
Among other things, it provides for registration of live-in relationships, as well as their termination through a formal declaration.
The Bill was reportedly signed by Deputy Chief Minister Harsh Sanghavi. It was made public a day after a state-appointed panel submitted its final report on implementation of the UCC in the state to Chief Minister Bhupendra Patel.
“The UCC Bill has been introduced in the Assembly. Further discussion will take place in the House. Everyone is welcome to share their views. The UCC Bill is a very important legislation. Our government has decided to bring this Bill to ensure that every citizen gets equal rights,” Agriculture Minister and government spokesperson Jitu Vaghani told mediapersons after a Cabinet meeting.
The people of Gujarat were waiting for such a legislation and it will benefit everyone, he said.
THE UCC has been proposed nearly a month after the Gujarat government proposed amendments to the Gujarat Registration of Marriages Act, 2006. These amendments made parents’ consent compulsory for registering marriages. This was done in the beginning of the Budget session of the Gujarat Assembly, citing “love jihad”.
While the Bill document was published on the official website of the Assembly on Wednesday, it will be taken up for discussion and passage on March 24. This is a day before the ongoing Budget session ends, said Assembly secretary C B Pandya.
Asked about moving the Bill on a day before the Budget Session concludes, legislative Assembly
Speaker Shankar Chaudhary told a section of the media that there will be ‘sufficient’ time and opportunity given to the legislators for discussion.
The exemptions
Titled the ‘Gujarat Uniform Civil Code, 2026’, the proposed law will extend to the entire state. It will also apply to residents of Gujarat living outside its territorial limits.
However, it will not apply to members of Scheduled Tribes and certain groups whose customary rights are protected under the Constitution.
The Bill aims at creating a uniform legal framework, said its ‘Objects and Reasons’ statement.
“The present Bill seeks to give effect to these recommendations by providing a uniform legal framework governing civil matters for all citizens of the State, irrespective of religion, caste, creed, or gender. It aims to uphold the principles of secularism, gender justice, and thereby strengthening the unity and integrity of society,” the Bill document said.
The Bill defines key terms such as child, spouse, estate, will and live-in relationship. It recognises children born within or outside marriage. This includes those born through assisted reproductive technologies, as well as adopted ones, on an equal footing.
Uniform conditions
A major component of the Bill relates to marriage and divorce. It lays down uniform conditions for a valid marriage. This includes prohibition of bigamy. It also sets the minimum age at 21 years for men and 18 years for women.
Marriages may be solemnised as per customary or religious ceremonies. Their registration will be compulsory. Non-registration will not invalidate a marriage. The Bill prescribes penalties for failure to register or for furnishing false information.
The Bill says a person cannot enter into a second marriage while their spouse is alive. “A marriage is considered valid under the Code only if neither party has a living spouse at the time of marriage,” it says.
The proposed law also standardises provisions relating to matrimonial disputes. It covers restitution of conjugal rights, judicial separation and annulment of void or voidable marriages.
It specifies a range of grounds for divorce. These include cruelty, desertion, adultery, conversion, mental disorder, communicable diseases, renunciation and presumption of death. It also allows divorce by mutual consent.
Specific grounds for divorce
Additional grounds have been provided for women in certain circumstances. The Bill also covers maintenance, interim and permanent alimony, and custody and welfare of children. It recognises the legitimacy of children from void or voidable marriages.
It specifies a range of grounds for divorce. These include cruelty, desertion, adultery, conversion, mental disorder, communicable diseases, renunciation and presumption of death. It also allows divorce by mutual consent.
Additional grounds have been provided for women in certain circumstances. The Bill also covers maintenance, interim and permanent alimony, and custody and welfare of children. It recognises the legitimacy of children from void or voidable marriages.
The Bill introduces uniform rules for distribution of property in cases of intestate succession. It classifies heirs and recognises the rights of unborn children.
It removes disqualifications based on physical or mental disability. It bars certain categories such as individuals responsible for the death of the deceased.
The legislation also governs testamentary succession. It enables individuals to dispose of property through wills. It lays down provisions on execution, validity, alteration and revocation of such wills.
It provides for probate, letters of administration, appointment of executors and administrators, and issuance of succession certificates by courts.
The Bill brings live-in relationships within a legal framework. It defines such relationships as those “in the nature of marriage”. It provides for their registration through a prescribed procedure. This includes submission of a joint statement by partners.
The legislation allows termination of such relationships through a formal declaration. It also lays down conditions under which registration may be denied.
It recognises the rights of children born out of live-in relationships. It provides for maintenance. It also prescribes penalties for violations of the provisions.
Also Read: Food, Faith and Fascism in New India https://www.vibesofindia.com/food-faith-and-fascism-in-new-india/
