Drawing largely from the Uttarakhand UCC Act, the Gujarat government on Wednesday ratified the draft Gujarat Uniform Civil Code (UCC), 2026 Bill, proposing a comprehensive legal framework to govern marriage, divorce, succession, and live-in relationships across communities in the state, with certain exemptions.
A committee headed by retired Supreme Court judge Justice Ranjana Desai submitted its final report to Chief Minister Bhupendra Patel on Tuesday.
The statement of objects and reasons of the proposed bill said, "...the committee submitted its report, recommending the adoption of a Uniform Civil Code to ensure equality, justice, and harmony in matters of marriage, divorce, succession, adoption, and related civil affairs." However, none of the provisions of the proposed bill will apply to members of scheduled castes (SCs).
The statement of the proposed bill said further said, "The 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 social reform, thereby strengthening the unity and integrity of society."
The Bill has been forwarded to the assembly secretariat, where it will be tabled by the government in the ongoing session for approval. Here's a look at what all the Bill entails
Live-in relationships
According to the draft of the bill, it will be obligatory for partners in a live-in relationship to submit a statement of live-in relationship to the district registrar within whose jurisdiction they are living.
Termination of a live-in relationship must also be formally notified. Any child of a live-in relationship shall be a legitimate child of the couple. A woman who is deserted by her live-in partner will be entitled to claim maintenance.
Marriage
While allowing marriage ceremonies as per religious customs and practices, the proposed bill makes registration of marriages and divorces compulsory, with penalties of up to Rs 10,000 for non-compliance.
The marriageable age for men has been set at 21, while it is 18 in the case of women. A marriage will be considered void if any one of the two partners provides misleading information.
Under the provisions of the bill, polygamy has been banned, and a person found guilty of violating this provision will be liable for imprisonment of up to seven years. Marriages performed through force or coercion will attract both fine and imprisonment of up to seven years.
Re-marriage
In a significant move, the draft makes it lawful for a couple to remarry after they have been divorced without any conditions. "The right to remarry includes the right to remarry the divorced spouse without any condition, such as marrying a third person before such remarriage," the draft said. Sources say this refers to the practice of `halala'. Persons found violating these provisions are liable for imprisonment of up to three years and a fine of Rs 1 lakh.
Succession
The draft of the bill has categorised heirs in three classes in cases where a will is not made by a person.
Class 1 heirs-include spouse, children, and parents
Class 2 heirs- include step parents, paternal grandparents, and maternal grandparents.
Other relatives-will include all others other than those mentioned in Class 1 and Class 2.
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