Gandhinagar — In a significant move, the Gujarat government has introduced the draft of the Uniform Civil Code (UCC) for 2026, which aims to completely overhaul marriage laws in the state. The proposal establishes monogamy as a mandatory requirement for all residents, replacing various personal laws with a singular legal framework.
The cornerstone of this reform is found in Clause 4(1). This provision clearly states that neither party can have an existing spouse at the time of marriage. Sounds straightforward, right? This means that polygamy, previously allowed by certain customs or religions, will no longer be recognized and could lead to serious legal implications.
And it gets stricter. Under this new bill, anyone caught marrying while still having a living spouse could face criminal charges under the Bharatiya Nyaya Sanhita of 2023. Moreover, any marriages deemed bigamous are not only void but also considered null and invalid under Clause 28. Yet there is some protection for children; those born out of such unions will still be recognized as legitimate by law.
Standardizing Marriage Requirements
The UCC doesn’t just stop at monogamy. It also standardizes several essential requirements necessary for a valid marriage across the board:
- Legal Age: The minimum age is set at 21 for men and 18 for women.
- Mental Capacity: Both parties must have mental capacity to offer valid consent—meaning any mental disorders could challenge the legitimacy of their union.
This isn’t just about age or health; specific relationship restrictions are outlined as well. Marriages among close relatives are strictly forbidden unless permitted by cultural norms applicable to one party involved. For instance, men cannot marry their mothers or daughters, while women can’t wed their fathers or sons—this applies regardless of whether relationships arise from blood ties, adoption, or surrogacy.
Rituals Still Allowed but Must Be Registered
The draft doesn’t abolish traditional ceremonies—it acknowledges them. According to Clause 5, marriages can still be solemnized following customs like Nikah or Anand Karaj. However—and this is crucial—legal recognition hinges on compulsory registration within sixty days after the wedding day; failing to do so might incur fines up to ₹25,000.
Aiming for Equality
This overhaul impacts everyone in Gujarat—including its residents abroad—with exceptions carved out only for Scheduled Tribes and groups protected under customary rights defined in Article 366 of the Constitution. So why now? According to state officials, these reforms were shaped after extensive reviews aimed at promoting social equality and secularism while reinforcing societal unity.