Gujarat tables Uniform Civil Code bill, makes live-in registration mandatory

The Gujarat government introduced a bill for a Uniform Civil Code, unifying personal laws on marriage, divorce, and succession for all residents.

The Gujarat government on Wednesday introduced a landmark bill in the state assembly that seeks to replace 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.

Gujarat deputy chief minister Harsh Sanghavi. (Agency)

The bill was introduced by Deputy chief minister Harsh Sanghavi and was drafted on the basis of recommendations from a committee chaired by retired Supreme Court judge Ranjana Prakash Desai.

Titled the Gujarat Uniform Civil Code, 2026, the 201-page legislation aims to bring uniformity, gender justice and simplification to personal laws across the state.

At present, these subjects are governed by a combination of personal laws and secular statutes. The Bill attempts to reduce that diversity by creating a common set of rules applicable across communities within the State, subject to the exclusions built into the legislation.

The code explicitly 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 bill makes registration of live-in relationships mandatory for all couples residing in Gujarat, regardless of whether they are Gujarat residents. For Gujarat residents in a live-in relationship outside the state, registration is optional. 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. Children of such relationships are legitimate under the bill. A woman deserted by her partner in a live-in relationship may claim maintenance through the courts.

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 the marriage provisions, 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 solemnization. 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. Failure to register attracts a penalty. 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 provides for 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. A decree of divorce or nullity of marriage passed by any court in Gujarat after the commencement of the code must be registered 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.

The bill will now be taken up for debate in the Gujarat Legislative Assembly. If passed, it will come into force on a date to be notified by the state government.