Gandhinagar: The draft Bill for the Gujarat Uniform Civil Code, 2026, which seeks to govern and regulate laws relating to marriage, divorce, succession, and live-in relationships, grants exemption to tribal populations and persons whose traditional rights are protected under the Constitution.

According to Clause 2 of the Bill, the provisions of the Code will not apply to members of any Scheduled Tribe as defined under clause (25) of Article 366, read with Article 342 of the Constitution of India. Furthermore, the legislation does not extend to individuals or groups whose customary rights are specifically protected under the Constitution.

Tribal communities, characterised by their unique socio-cultural systems and customary laws, often view these practices as integral to their identity and autonomy. The exemption provided under the Bill seeks to safeguard these rights.

While these groups are excluded to protect their constitutional and traditional practices, the legislation is intended to apply across the state of Gujarat. It also extends to residents of Gujarat living outside the state to whom the Code is applicable.

The Bill has been developed following the recommendations of a committee chaired by Justice (Retd.) Ranjana Prakash Desai, which examined existing personal laws and aimed to create a uniform legal framework for all residents, irrespective of religion, caste, or gender. Despite this move towards uniformity, the state has explicitly retained these exemptions to uphold constitutional protections granted to tribal communities and certain customary groups.

As these groups are excluded from the scope of the Code, the mandatory monogamy condition under Section 4(1), which requires that neither party has a living spouse at the time of marriage, will not apply to them. Their marriages and family matters will continue to be governed by their existing customs, usages, and personal laws. DeshGujarat