GANDHINAGAR: After a marathon debate of more than seven hours, the Gujarat assembly on Tuesday passed the Uniform Civil Code (UCC) Bill that seeks to put in place a common legal framework to govern marriage, divorce, succession and live-in relationships irrespective of religion.
The bill stipulates 7 years of jail term if marriages are conducted through force, coercion, or fraud, and also prohibits bigamy/polygamy. It also makes registration of marriages and live-in relationships mandatory.
The ruling BJP hailed the bill, which exempts tribals, as a landmark reform to ensure equality, while the Congress vehemently opposed it saying it violates fundamental right and was "anti-Muslim".
The bill was passed with majority voice vote as opposition Congress and Aam Aadmi Party (AAP) did not approve it and demanded that it be sent to the state assembly's select committee.
Chief Minister Bhupendra Patel, who tabled the bill earlier in the day, a week after a state-appointed panel submitted its final report on implementation of the UCC, said there is punishment of up to 7 years of jail if marriages are conducted through force, coercion, or fraud, and also in cases of bigamy/polygamy.
With the passage of the bill, BJP-ruled Gujarat became the second state in the country after Uttarakhand to pass the UCC. Uttarakhand became the first state to pass a UCC Bill in February 2024.
Titled the 'Gujarat Uniform Civil Code, 2026', the proposed law will extend to the entire state and also apply to residents of Gujarat living outside its territorial limits.
However, the bill document states that the code will not apply to members of Scheduled Tribes (ST) and certain groups whose customary rights are protected under the Constitution.
The bill aims to create a uniform legal framework, as per its "Objects and Reasons" statement.
While tabling the bill, CM Patel described it as a step towards a unified legal framework rooted in constitutional principles.
"A common legal framework is necessary for a united and undivided nation, and that reflects our Vedic knowledge. Our ancient verses also say that the truth is one, even if expressed in different ways; and if the truth is one, then even if religions are many, justice must be one," Patel said.
Referring to the Constitution of India, he added, "Under Article 14 of the Constitution, equality before the law has been ensured for every citizen of the country. And Article 44 of that same Constitution directs the state to move towards a Uniform Civil Code. Now, the implementation of the UCC will reject any policy or dispute involving division or discrimination among citizens based on their religion or caste."
The CM said the legislation would apply uniformly to all citizens, and reflects "the expectations, aspirations, and desires of the citizens of Gujarat for equal justice."
He emphasised that the bill introduces "a uniform legal framework" on issues like marriage, divorce, and inherited property, ensuring that no injustice is done to anyone", adding that it was drafted after "intensive discussions and deliberations" keeping in mind Gujarat's diversity.
Particularly, women's honour, equal rights, and security have been prioritised in this draft, he said.
Detailing provisions, Patel said, "Mandatory registration of marriages, registration of live-in relationships, uniform rules for divorce, equal inheritance rights for daughters and sons, and strict enforcement along with penalty provisions for non-compliance are the key provisions of this bill."
"If mandatory marriage registration is not done within 60 days, there is a fine of up to Rs 10,000. If marriages are conducted through force, coercion, or fraud, there is a punishment of up to 7 years of jail, and in cases of bigamy/polygamy, there is also a punishment of up to 7 years of jail," he said.
Talking about live-in relationships, he said, "Its registration is mandatory, and non-registration carries an imprisonment of up to 3 months or a fine of Rs 10,000. Live-in registration is not meant to snatch anyone's freedom, but for the legal protection of our daughters."
He also clarified that "absolutely no interference is being made in religious rituals".
This UCC law is solely to eliminate discrimination, not to erase cultures, he said, adding that Scheduled Tribes have been "completely exempted".
Supporting the bill, Deputy Chief Minister Harsh Sanghavi cited global and domestic examples to justify the move.
Taking a swipe at the Congress, he said, "I am not surprised at all by this response of Congress. when Dr Babasaheb Ambedkar brought a law to give equal rights to women, the Congress government also made the same excuse that 'the time is not ripe''¦ fed up with the same anti-women mentality, Babasaheb had to resign."
Senior Congress MLA Shailesh Parmar said, "You brought this bill in a haste in view of the upcoming assembly election in 2027. We demand that it should be sent to assembly's select committee."
Another senior Congress MLA Amit Chavda alleged that the bill violates constitutional guarantees.
Congress MLA Imran Khedawala strongly objected, saying, "I am speaking on behalf of my community and I oppose this bill because it seeks to disturb our shariyat and Quran. For Muslims, matters related to nikah and inheritance are not just rules, but Allah's order and we are bound to follow it. We will stage protests and also approach court against this bill."
Calling the legislation "anti-Muslim", he alleged it was brought despite no such demand from the community.