ABSTRACT
Gujarat has become the second state in Independent India to adopt Uniform Civil Code after Uttarakhand by virtue of passing of the Gujarat Uniform Civil Code, 2026. This historic step towards equality and legal uniformity, particularly for women, is a result of a seven‑hour Assembly debate and the report of a state‑appointed expert panel. At the same time, opposition parties and several minority groups have criticized the move as rushed, politically timed and insensitive to religious freedom and plural family practices. This article covers the UCC in Uttarakhand and Gujarat, analyzing it alongside Article 44, and whether this move is towards the “One Nation, One Law” framework.
KEYWORDS: Uniform Civil Code, Gujarat Uniform Civil Code 2026, Uttarakhand UCC, Article 44, One Nation One Law.
INTRODUCTION
Article 44 of the Indian Constitution, under the Directive Principles of the State Policy, encourages the state to secure a Uniform Civil Code (UCC) for all citizens throughout India. It aims to replace the diverse, religion based personal laws governing marriage, divorce, inheritance with a common legal framework to promote equality, gender justice and national unity. In India, marriage, divorce and inheritance have remained largely community specific for decades, which saw a shift with the passing of UCC Bill in Uttarakhand in 2024, becoming the first state in independent India to legislate a comprehensive UCC, which eventually came into force on 27 January 2025. Gujarat has followed the path with its own UCC legislation passed by the Assembly in March 2026 after a marathon debate of over seven hours and amid sharp division inside and outside the House. The move has been celebrated as a step towards “equal rights for all citizens” by the ruling party and criticized by the opposition as a measure pushed through in haste, with an eye on upcoming elections.
UCC IN UTTARAKHAND
Uttarakhand made the first bold move to adopt UCC in their state by passing its Uniform Civil Code Bill in February 2024 and bringing it into force in January 2025. The Act standardized laws on marriage, divorce, inheritance and succession across communities, with specific carve‑outs for Scheduled Tribes and certain customary practices, and even made registration of live‑in relationships compulsory, backed by penal consequences for non‑compliance. Uttarakhand framed the law as a fulfillment of its 2022 election promise and as its contribution to the Prime Minister’s vision of a “harmonious, organized and self‑reliant” India. While one side argues that the code advocates for gender justice by getting rid of religion based discrimination in matters like inheritance and marital remedies, the critics raise that it poses risk by overly penalizing intimate relationships and diluting cultural diversity.
GUJARAT’S UCC BILL
Gujarat’s UCC proposes a common legal framework regardless of religion, to govern marriage, divorce, succession and live‑in relationships for all citizens in the state. The Bill applies not only throughout Gujarat’s territory but also to residents of Gujarat living outside the state. Key features of the Bill are the following:
- It mandates registration of marriages and penalizes if marriages are not registered, trying to limit unregistered marriages that leave women and children vulnerable.
- It introduces compulsory registration of live‑in relationships, with a requirement of time stipulated declaration by couples of their status to the registrar.
- It promises equal inheritance rights for daughters and sons, and a uniform set of grounds and procedures for divorce discarding traditional religion based disparities on these issues.
- The law excludes Scheduled Tribes and communities whose customary rights are protected by the Constitution, reflecting the political and legal sensitivity around tribal autonomy.
- It also continues the ban on polygamy and aims to standardize age, consent and other baseline conditions for valid marriage.
EQUALITY, GENDER JUSTICE AND CONSTITUTIONAL MANDATE
The UCC Bill is both a moral and a constitutional obligation for the Gujarat Government. Chief Minister Bhupendra Patel and other ministers have repeatedly cited Article 44, arguing that the Constitution itself urges states to move towards a uniform civil code when conditions are ripe. They frame the law as a response to “expectations and aspirations” of ordinary citizens, emphasizing that religion‑based rules often leave women, especially from disadvantaged backgrounds, at the mercy of unequal personal laws. Official statements highlight three themes in particular, i.e., women’s honor and security, equal rights in property and family matters, and the need for legal clarity in an era where live-in relationships and inter‑faith marriages are more common. From this perspective, a state‑level UCC is not about targeting any particular community but about ensuring that core civil rights do not vary depending on which religious book one’s family follows.
CRITICISM AND CONCERNS
The opposition narrative is very different with the Congress and other opposition MLAs in Gujarat accusing the government of pushing the Bill through in haste, without adequate public consultation or referral to a select committee for deeper scrutiny. They argue that the timing with the local body polls coming ahead and with Assembly elections due in 2027, adopting UCC is a political move. Minority groups and some civil societies have voiced out that the single law can erode the space for religious and cultural autonomy, especially when trust in state institutions is low. The compulsory registration of live‑in relationships and the potential criminal consequences for non‑registration is seen as excessive state intrusion into private life by the critics. It has also been contended that the burden of compliance and social backlash will fall disproportionately on women and young couples in practice, rather than on patriarchal structures that the law is supposed to confront.
ONE NATION, ONE LAW OR FEDERAL EXPERIMENT?
The political slogan “One Nation, One Law” inevitably hovers over these state‑level UCC initiatives. From one side, Uttarakhand and Gujarat are being used as laboratories to test the content, feasibility and public response to a UCC before any attempt is made at a national law. On another note, these moves could establish a de facto patchwork, where citizens’ civil status depends on which state they hail from and where they reside, raising fresh questions of conflict of laws and federal design. Constitutionally, nothing stops states from legislating on personal law subjects in the Concurrent List, as long as they remain within the broad framework of fundamental rights and do not contradict central statutes. But the deeper question is about trust. Can a uniform code truly be experienced as neutral and rights enhancing by all communities, or will it be perceived as majoritarian if it coincides closely with the practices of the religious majority?
CONCLUSION
Gujarat’s decision to pass the Uniform Civil Code Bill soon after Uttarakhand shows that routine the UCC is now being tested on the ground, not just in constitutional law seminars and debates. The Bill promises a common framework for marriage, divorce, succession and live‑in relationships, backed by compulsory registration and equal inheritance rights, and is presented as a step towards gender justice and legal clarity. At the same time, there are social and political backlashes questioning religious freedom, cultural diversity, state overreach and the timing. Whether these experiments will eventually be a part of the wider “One Nation, One Law” reform, or deepen the cracks of identity and trust is a sight to watch depending on how these laws are implemented, interpreted by courts, and experienced by the citizens.
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WRITTEN BY: ABIA MOHAMMED KABEER
