With the passage of the bill, Gujarat becomes the second state in the country, after Uttarakhand, to adopt the UCC.
About Bill
- Objective: Establish Common legal framework to govern marriage, divorce, succession, equal inheritance rights and live-in relationships, irrespective of religion.
- Exemption: Not applicable to Scheduled Tribes and certain groups whose customary rights are protected under the Constitution.
- Key Provisions:
- Bigamy prohibited, individual cannot enter into a second marriage while their spouse is still alive.
- Mandatory registration is required for Live-in Relationships.
Uniform Civil Code (UCC)
- Article 44 of the Constitution, under the Directive Principles of State Policy (DPSP), directs the state to strive for a UCC for all citizens across India.
- In Goa, a form of common civil code is in practice under the Portuguese Civil Code of 1867.
- Need in India:
- Equality before the Law: Uniform laws replace community-based personal laws. E.g., Hindu Marriage Act, Muslim Personal Law (Sharia), etc.
- Ensures Gender Justice: E.g., Women's rights vary vastly depending on their religion, and customary laws are often patriarchal, depriving women of equal inheritance, property rights, etc.
- Supreme Court (SC) in various cases (such as Shah Bano Case (1985), Sarla Mudgal Case (1995, etc.) highlighted need of implementing UCC to deal with such issues.
- National Integration: Separates religion from personal laws, promoting social harmony.
- Challenges in implementing UCC: Threatens diversity and religious freedom, lack of consensus among communities, etc.
