Gujarat Uniform Civil Code (UCC) Bill, Concept, Constitutional Basis

The Gujarat Assembly passed the Uniform Civil Code (UCC), making it the second Indian state after Uttarakhand to adopt a Uniform Civil Code (UCC). The bill was drafted based on a report submitted by a high-level committee chaired by retired Supreme Court judge Justice Ranjana Prakash Desai.

Uniform Civil Code (UCC) Concept and Constitutional Basis

A 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, irrespective of religion. Currently, these matters are regulated by religion-specific personal laws, leading to legal diversity. It aims to replace diverse personal laws governing marriage, divorce, and inheritance with a common, secular legal framework to promote equality, national integration, and gender justice.

The constitutional basis of UCC lies in Article 44 of the Indian Constitution, which directs the State to endeavor to secure a uniform civil code for citizens across India. Although Directive Principles are non-justiciable, they serve as guiding principles for governance. 

About Gujarat Uniform Civil Code (UCC) Bill 

The Gujarat Uniform Civil Code (UCC) Bill proposes a common legal framework to govern marriage, divorce, succession, and live-in relationships, irrespective of religion. 

• Scope & Applicability: The law will apply throughout the state and to residents of Gujarat living outside its territorial limits. Scheduled Tribes, as defined under Article 366(25), have been fully exempted from the ambit of the bill, ensuring that their customs and traditions remain protected.
• Compulsory Registration of Marriages: The Bill requires compulsory registration of all marriages within 60 days across all religions, with a penalty of up to ₹10,000 for non-compliance. Non-registration, however, will not invalidate the marriage itself. Cases of forced, coerced or fraudulent marriages, as well as multiple marriages, may invite punishment of up to seven years.
• Divorce: Uniform rules for divorce have been introduced, making court approval and registration mandatory. Out-of-court divorces would be invalid and may attract punishment of up to three years. Women are granted the right to remarry without conditions under the Bill.
• Prohibition of Bigamy: The Code prohibits bigamy, stating that no person can enter into a second marriage while their spouse is still alive, and a marriage is valid only if neither party has a living spouse. 
• Inheritance: Equal inheritance rights are granted to sons and daughters across all religions, aimed at promoting gender equality and economic security for women.
• Live-in Relationships: The law mandates registration of live-in relationships and provides a formal mechanism for their termination through a declaration process. Failure to register may result in imprisonment of up to 3 months or a fine of ₹10,000. If the individuals are between 18 and 21 years, their parents will be informed. POCSO provisions apply in cases involving minors, and strict penalties apply if a married person enters into a live-in relationship. It also provides for maintenance rights for women and legal recognition for children born out of such relationships.

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