GUJARAT PASSES UNIFORM CIVIL CODE (UCC) BILL 2026

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Picture Courtesy: TIMESOFINDIA

Why In News?

Gujarat became the second state in India (after Uttarakhand) to enact a law implementing a Uniform Civil Code, fulfilling the constitutional aspiration enshrined in Article 44.

What is Uniform Civil Code? 

The Uniform Civil Code (UCC) refers to a common set of laws governing personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of a country, regardless of their religion, caste, or creed.

Article 44: UCC enshrined as a Directive Principle of State Policy (DPSP) in Part IV of the Constitution, which states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India".

• As a DPSP, it is fundamental in the governance of the country but not justiciable (cannot be enforced by a court of law).

Concurrent List: Personal laws like “Marriage and divorce; infants and minors; adoption; wills, intestacy and succession" fall under the Concurrent List (Seventh Schedule). This gives States the power to legislate, provided they receive Presidential assent to override any conflicting Central laws.

While there is no national UCC, some states states have implemented or passed such codes:

• Goa: The only state with a continuous UCC since the colonial era, known as the Goa Civil Code, which is a legacy of the Portuguese Civil Code of 1867.
• Uttarakhand: Became the first state in independent India to pass and implement a dedicated UCC Act in 2024.
• Gujarat: Recently passed the Gujarat Uniform Civil Code Bill, 2026 in March 2026, making it the second state to adopt such a model.

What is the Gujarat UCC Bill 2026?

The Bill proposes a common set of laws governing marriage, divorce, succession, and live-in relationships for all citizens of the state, irrespective of their religion, caste, or creed. 

It aims to replace personal laws based on religious scriptures (like the Hindu Marriage Act, Muslim Personal Law, etc.) with a single statutory framework. 

Drafting Committee: The Bill is based on the recommendations of a state-appointed committee headed by Justice (Retd.) Ranjana Prakash Desai, who also headed the committee for the Uttarakhand UCC. 

Marriage & Divorce

Mandatory Registration: Registration of marriages is now compulsory for all communities. Failure to register within 60 days attracts a fine of up to ₹10,000.

Ban on Polygamy: The Bill prohibits bigamy and polygamy. A marriage is valid only if neither party has a living spouse. Violation can lead to imprisonment of up to 7 years.

Ban on 'Halala' & 'Iddat': Practices like Nikah Halala (where a woman must marry another man and divorce him to remarry her first husband) are banned and criminalized.

Uniform Divorce Process: "Out-of-court" divorces (like Triple Talaq or customary divorces) are invalid. All divorces must be largely court-monitored to ensure gender justice.

Right to Remarry: Women are granted the unconditional right to remarry after a divorce without observing specific religious waiting periods aimed at restricting this right. 

Live-in Relationships

Mandatory Registration: Couples in a live-in relationship must register with a designated local authority.

Termination: Formal notice is required to terminate the relationship.

Penalties: Non-registration can invite a jail term of up to 3 months or a fine.

Legitimacy of Children: Children born out of live-in relationships will be considered legitimate and entitled to inheritance rights.

Maintenance: A woman deserted by her live-in partner is entitled to claim maintenance. 

Succession & Inheritance

Gender Equality: The Bill ensures equal property rights for sons and daughters across all communities.

Parental Rights: In the absence of a will (intestate succession), parents (both mother and father) have a claim to the property, ensuring their old-age security. 

Exemptions

Scheduled Tribes (STs): The Bill does not apply to members of STs constitutionally protected under Article 366(25). This exemption is designed to preserve their distinct customs and traditions. 

Arguments in Favour of Implementing a UCC

Promotion of Gender Justice: Many existing personal laws are viewed as inherently patriarchal, particularly regarding marriage, divorce, and inheritance. 

• A UCC would eliminate discriminatory practices such as unilateral divorce, polygamy, and unequal property rights for daughters and mothers, ensuring women enjoy equal status regardless of their religion.

National Integration and Secularism: The current system of different laws for different religions creates a sense of "legal segregation." 

• A common set of civil laws promote a sense of "one nation, one law," reducing communal friction and strengthening the secular fabric of the country as envisioned in the Preamble.

Fulfilling Constitutional Mandate: The UCC is not a new or "alien" concept but a specific goal set by the makers of the Constitution. 

• Implementing the UCC fulfills the Directive Principle of State Policy enshrined in Article 44, which directs the State to endeavour to secure a uniform civil code for all citizens.

Simplification of the Legal System: Judiciary currently deals with a complex overlap of various personal laws, customary practices, and religious interpretations. 

• A unified code would simplify the legal process, remove contradictions between different personal laws, and reduce the massive backlog of cases in matrimonial and succession disputes.

Modernisation and Global Standards: Most developed and progressive nations have a uniform civil code that applies to all citizens irrespective of faith. 

• Moving away from 19th-century religious codes allows India to adopt a modern, liberal, and uniform legal system that aligns with global human rights standards and the needs of a 21st-century society.

Challenges in Implementing UCC

Conflict with Religious Freedom: Constitutional friction between Article 44 (UCC) and Articles 25-28 (Right to Freedom of Religion).

• Critics argue that personal laws (marriage, rituals, succession) are an "integral part" of religious practice. Forcing a uniform code is seen by many as an interference with the fundamental right to manage religious affairs.

Threat to Cultural Diversity and Pluralism: India’s "Unity in Diversity" is built on the recognition of distinct cultural identities.

• A "one-size-fits-all" approach may lead to the homogenisation of culture, where the practices of the majority community might inadvertently be imposed on minorities, eroding their unique social fabric.

The "Uniformity" Paradox: The UCC models (Uttarakhand 2024 and Gujarat 2026) have explicitly exempted Scheduled Tribes (STs).

• If a large section of the population (protected under the Sixth Schedule or Article 366(25)) is kept out to preserve their customary laws, the very objective of "Uniformity" is undermined. It creates a "patchwork" of laws rather than a universal code.

Violation of Privacy: Gujarat UCC bill includes mandatory registration for live-in couples, which has sparked a debate on civil liberties.

• Legal experts argue that requiring citizens to register private consensual relationships with the State violates the Right to Privacy and personal liberty.

Federalism and Legislative Conflict: Since "Marriage and Divorce" fall under the Concurrent List, states are enacting their own UCCs.

• This leads to legal complexity where an act might be legal in one state (e.g., a specific type of inheritance) but illegal in another, defeating the purpose of a "National" Uniform Civil Code.

 Lack of Political and Social Consensus: The 21st Law Commission noted that a UCC is "neither necessary nor desirable at this stage" without a broad consensus.

• Implementing such a sensitive reform without the confidence of minority communities could lead to social unrest and a sense of alienation among marginalized groups.

Way Forward

Codification and Reform of Existing Personal Laws: Instead of an abrupt replacement, the government could first focus on removing discriminatory practices within individual personal laws.

• Harmonize laws related to inheritance, maintenance, and guardianship across all religions to meet modern constitutional standards of gender equality before moving to a full common code.

Building a Broad Socio-Political Consensus: A UCC cannot be successful if it is perceived as an imposition of majority values on minorities.

• Engage in meaningful consultations with religious leaders, tribal councils, and women’s rights groups to address specific fears regarding cultural identity and the loss of customary protections.

Addressing the "Tribal Exception" Dilemma: Exempting Scheduled Tribes (as seen in the Uttarakhand and Gujarat models) creates a legal paradox for a "Uniform" code.

• If a UCC is to be truly national, it must find a way to integrate tribal customary laws—protected under the Sixth Schedule—into a broader framework that respects their autonomy while ensuring basic human rights, like gender-equal inheritance.

Balancing Privacy with Regulation: The mandatory registration of live-in relationships has sparked significant "State overreach" concerns.

• Review and potentially decriminalise the non-registration of live-in relationships to ensure the law protects the "Right to Maintenance" for women without violating the Right to Privacy.

Transitioning to an "Optional" UCC Initially: To reduce social friction, the government could consider an optional model first.

• Strengthen the Special Marriage Act, 1954, and other religion-neutral laws, making them more attractive and accessible. This allows a "Natural Evolution" toward a common code as more citizens opt for secular laws over personal ones.

Judicial Review of State-Level UCCs: Since states are passing individual UCC bills, there is a risk of a "legal patchwork."

• A comprehensive Judicial Review by a Constitutional Bench is necessary to determine if state-level UCCs require Presidential Assent under Article 254(2) and to ensure they do not violate the basic structure of the Constitution regarding religious freedom.

Conclusion

Transitioning from formal to substantive equality, the UCC must prioritize gender justice and dignity (Article 21) over mere uniformity. By building social consensus, it can protect the vulnerable and foster national integration without eroding India’s essential cultural pluralism.

Source:  TIMESOFINDIA

PRACTICE QUESTION Q. With reference to the Uniform Civil Code (UCC) in India, consider the following statements: 1. The mandate to secure a Uniform Civil Code is a Fundamental Duty under Part IVA of the Constitution. 2. Personal laws concerning marriage and divorce fall under the Concurrent List of the Seventh Schedule. Which of the statements given above is/are correct? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Answer: b Explanation:  Statement 1 is incorrect: The mandate to secure a Uniform Civil Code (UCC) is a Directive Principle of State Policy (DPSP) under Article 44 in Part IV of the Constitution, not a Fundamental Duty in Part IVA. It states that "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". Statement 2 is correct: Personal laws, including subjects like marriage, divorce, infants and minors, adoption, wills, intestacy, and succession, are listed under Entry 5 of the Concurrent List (List III) in the Seventh Schedule. This allows both the Parliament and State Legislatures to enact laws on these subjects.