GUJARAT UNIFORM CIVIL CODE BILL, 2026Live-In Relationships, Parental Rights & The Fight for Gender Justice
- Sakshi Mishra
- 7 days ago
- 6 min read
The Gujarat government introduced the Gujarat Uniform Civil Code (UCC) Bill, 2026,
in the state Legislative Assembly on March 19, 2026. Tabled by Deputy Chief Minister Harsh Sanghavi, this legislation, if passed, would make Gujarat the second state after Uttarakhand to implement a UCC in independent India. Its most significant innovations include mandatory registration of live-in relationships, legal maintenance rights for deserted live-in partners, and full legal legitimacy for children born from such unions. The Uniform Civil Code is the idea of a single, religion-neutral set of laws governing personal civil matters, marriage, divorce, inheritance, and adoption for all Indian citizens, regardless of faith. Its constitutional basis comes from Article 44, a Directive Principle of State Policy, which directs the State to "endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." Being a DPSP, it is aspirational, not legally enforceable on its own. Currently, India's personal matters are governed by community-specific laws: the Hindu Marriage Act (1955), the Muslim Personal Law (Shariat) Application Act (1937), the Indian Christian Marriage Act (1872), and the Parsi Marriage and Divorce Act (1936), among others. Critics argue this creates deep gender inequality, particularly for Muslim women regarding polygamy, unilateral triple talaq, and unequal inheritance. Goa has operated under a common civil code since the Portuguese Civil Code of 1867. Uttarakhand became the first post-independence state to enact a UCC in January 2025. Gujarat's Bill, if passed, would be the most significant adoption of UCC yet. In 2022, the Gujarat government approved a committee to assess UCC feasibility. On February 4, 2025, a five-member expert committee was constituted, chaired by Justice (Retd.) Ranjana Prakash Desai, former judge of the Supreme Court. On March 17, 2026, the committee submitted its final report to Chief Minister Bhupendra Patel. Two days later, the Cabinet cleared the Bill, and it was tabled in the Assembly. A debate and vote are scheduled for March 24, 2026, the penultimate day of the Budget Session. Agriculture Minister Jitu Vaghani stated, "Our government has decided to bring this Bill to ensure that every citizen gets equal rights. The geographical and cultural diversity of Gujarat has also been kept in mind." The Bill applies to all Gujarat residents regardless of religion, caste, or gender. It also covers Gujarat residents living or working outside the state or abroad. However, members of Scheduled Tribes and groups with constitutionally protected customary rights under the Fifth and Sixth Schedules are explicitly exempted. This is the most discussed and legally significant part of the Bill. Historically, live-in relationships existed in a legal grey area in India. The Supreme Court in S. Khushboo v. Kanniammal (2010) affirmed that they are not illegal, and in D. Velusamy v. D. Patchaiammal (2010) defined such unions as relationships "like marriage", but no comprehensive statute codified protections for partners. The Gujarat Bill changes that. Definition: A live-in relationship is defined as a man and woman living together in a shared household in a relationship "like marriage," directly mirroring the Supreme Court's language. Mandatory Registration: Couples residing in Gujarat must jointly submit a statement to their District Registrar, who will conduct a summary inquiry to verify the relationship's legality. Grounds for Refusing Registration: The Registrar can refuse if the partners are within prohibited degrees of relationship, if either is already married or in another registered live-in relationship, if either is under 18, or if consent was obtained through force or fraud. Parental Notification: If either partner is under 21, parents or guardians must be notified, a provision that has drawn significant criticism (more on that below). Termination: Couples can formally dissolve their relationship through a declaration to the Registrar, creating a structured exit process for the first time in Indian law.
Maintenance for Deserted Women: A woman abandoned by her live-in partner can claim maintenance from the court on the same legal principles that apply to a married woman. This is a landmark shift. Previously, such a woman had to rely on Section 144 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 125 CrPC) or the Domestic Violence Act, 2005, both requiring her to prove the relationship was "like marriage," a bar that was inconsistently applied by courts. Children's Legitimacy: Any child born from a registered live-in relationship is fully legally legitimate with equal rights to inheritance, identity documents, and social recognition. The Bill also explicitly recognises children born through Assisted Reproductive Technologies (ART), a progressive step acknowledging modern family structures. Equal Parental Responsibility: Both parents bear equal legal obligations for the child's welfare, education, health, and upbringing, regardless of their relationship status. This aligns with the framework under the Hindu Minority and Guardianship Act (1956) and the Guardians and Wards Act (1890), applied now uniformly across all communities. The Bill introduces serious criminal penalties to ensure compliance: Living together for more than a month without registering, up to 3 months' imprisonment and/or ₹10,000 fine. Furnishing false information in the registration statement up to 3 months' imprisonment and/or a ₹25,000 fine. Failing to register after formal notice from the Registrar up to 6 months' imprisonment and/or a ₹25,000 fine. Registration obtained through force or fraud up to 5 years' imprisonment. Relationship violating bigamy or prohibited degree rules up to 5 years' imprisonment.
The Bill also overhauls marriage, divorce, and inheritance law across all communities. On marriage, it sets a uniform minimum age of 21 for men and 18 for women, prohibits bigamy, and makes registration compulsory. Divorce may be sought on standardised grounds: cruelty, desertion, adultery, conversion of religion, mental disorder, communicable disease, renunciation, presumption of death, and mutual consent, with additional grounds available to women. Maintenance and alimony rights are explicitly codified. For succession, a three-tier hierarchy of heirs is proposed, and disqualifications based on physical or mental disability are removed. Supporters argue the Bill advances Article 14 (equality), Article 15 (non-discrimination), and Article 21 (life and personal liberty) by giving women across all communities equal legal protection. Critics, however, argue that mandatory registration of a consensual intimate relationship with the State backed by criminal penalties directly violates the right to privacy under Article 21, as affirmed by the Supreme Court's unanimous nine-judge ruling in Justice K.S. Puttaswamy v. Union of India (2017), which declared privacy a fundamental right. Senior Advocate Prashant Bhushan has called such registration provisions "totally unconstitutional" and "against the right to privacy." Advocate Vrinda Grover has warned that involving registrars and parents in the process could expose women to familial intimidation and social coercion, the very opposite of protection. Senior Advocate Indira Jaising has questioned why adults who already have the legal capacity to make independent choices should require parental notification at all. Proponents counter that registration exists primarily to protect women by creating a legal record that prevents men from denying a relationship existed, making maintenance claims enforceable and children's rights indisputable. The Uttarakhand High Court, in proceedings on a related petition, noted that relationships that are not kept secret do not engage privacy concerns in the same way as purely private matters. The Bill is expected to be passed on March 24, 2026, given the BJP's commanding majority in the Gujarat Assembly. After passage, it will require the Governor's assent and likely the President's assent, since it overlaps with Concurrent List subjects. The government will then need to build the Registrar infrastructure to implement registration. Legal challenges before the Gujarat High Court and the Supreme Court, particularly on privacy and minority rights, are widely anticipated. The Gujarat UCC Bill, 2026, is one of the most consequential pieces of state legislation in recent Indian history. Its protections for women in live-in relationships and its recognition of children born outside marriage are real, meaningful legal advances for some of the most vulnerable people in Indian society. But the mandatory registration regime, criminal penalties, and parental notification clauses raise legitimate and serious questions about how far the State should reach into the most private dimensions of adult life. That tension between gender justice and personal liberty is the central legal question this Bill puts before India.
Sources: Gujarat UCC Bill, 2026 (as tabled); Justice Desai Committee Report (March 17, 2026); Article 44, Constitution of India; K.S. Puttaswamy v. Union of India (2017) 10 SCC 1; S. Khushboo v. Kanniammal (2010) 5 SCC 600; D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469; Protection of Women from Domestic Violence Act, 2005; Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 144); Uttarakhand UCC, 2024; The Indian Express, Hindustan Times, Scroll. in March 19, 2026.
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