Gandhinagar: The draft bill of the Gujarat Uniform Civil Code (UCC), 2026, marks a major shift in the state’s legal landscape, fundamentally reforming the institution of marriage by establishing monogamy as the mandatory standard for all residents (except Tribals & Groups protected under Article 21 of the Constitution). By replacing a patchwork of personal laws with a single legal framework, the Bill aims to ensure gender equality and legal clarity in matrimonial matters.

Strict Enforcement of Monogamy

The cornerstone of the marriage reform is found in Clause 4(1), which explicitly states that for a marriage to be valid, neither party should have a spouse living at the time of the marriage ceremony. This provision effectively mandates monogamy across all communities in Gujarat, regardless of prior personal laws or religious customs that may have permitted polygamy.

To ensure compliance, the Bill introduces significant legal consequences for violations:

• Criminal penalties: Any individual who marries while a spouse is still living will be subject to punishment under the Bharatiya Nyaya Sanhita, 2023.

• Void marriages: Any marriage performed in violation of the monogamy rule will be considered null and void under Clause 28.

• Protection for children: Despite the invalidity of a bigamous marriage, any child born from such a relationship will be considered legitimate under the law.

Uniform Conditions for a Valid Marriage

Beyond monogamy, the UCC 2026 standardises the essential requirements for entering into a valid marriage:

• Legal age: The minimum age for marriage is fixed at 21 years for men and 18 years for women.

• Mental capacity: Both parties must have the mental capacity to give valid consent. A marriage can be challenged if a party is suffering from a mental disorder that makes them unfit for marriage or subject to recurrent attacks of insanity.

• Prohibited relationships: Marriages within the degrees of prohibited relationship are not allowed unless specifically permitted by the customs and usages governing at least one of the parties.

The Code prohibits marriages between individuals falling within the degrees of prohibited relationship, as defined in Schedule 1, including:

• For a man: He cannot marry his mother, step-mother, grandmother, daughter, son’s widow, granddaughter, sister, niece, or paternal or maternal aunts.

• For a woman: She cannot marry her father, step-father, grandfather, son, daughter’s husband, grandson, brother, nephew, or paternal or maternal uncles.

Exception: Such marriages may be permitted only if the customs and usages governing at least one of the parties specifically allow them.

These restrictions apply whether the relationship is by full blood, half-blood, uterine blood, adoption, surrogacy, or assisted reproductive technology, and whether legitimate or illegitimate. The prohibitions extend to several generations of linear descendants and relatives, though an exception is allowed for marriages permitted by long-standing customs, provided such customs are not against public policy or morality.

Preserving Rituals, Mandating Registration

While the UCC introduces a uniform legal framework, it does not abolish religious or traditional ceremonies. Clause 5 states that marriages may still be solemnised according to customs and rituals, including Saptapadi, Nikah, Anand Karaj, and Mangal Fera, among others.

However, legal recognition of marriage will now be linked to compulsory registration. Under Clause 6, all marriages performed after the commencement of the Code must be registered with the state-appointed Registrar within 60 days. Failure to register may attract a fine of up to ₹25,000, though the marriage itself will not be deemed invalid solely due to non-registration.

Broad Reach and Specific Exemptions

The reforms will apply across the entire State of Gujarat, including residents of Gujarat living outside the state. As provided in the draft framework, the only groups exempt from these provisions are Scheduled Tribes, as defined under Article 366 of the Constitution, and persons whose customary rights are protected under the Constitution.

The Gujarat government stated that the reforms were prepared after an extensive study of existing personal laws to promote secularism, equality, and social reform, while strengthening the unity and integrity of society. DeshGujarat