PUCL condemns the Gujarat Uniform Civil Code
The People’s Union for Civil Liberties (PUCL), Gujarat, condemns the Gujarat Uniform Civil Code Bill which was passed by the Gujarat Legislative Assembly. Presented in the name of “uniformity,” this initiative raises serious constitutional concerns and risks functioning as a targeted civil code which is an affront to the dignity and privacy of citizens; the implementation of which would lead to the harassment of the marginalized and minority communities.
The manner in which the UCC has been advanced reflects a troubling disregard for democratic norms and constitutional values. A reform of personal laws that genuinely seeks to promote gender justice and equality must arise from sustained dialogue, social reform movements, and broad public participation. The Government of Gujarat avoided democratic deliberation and went ahead with the drafting of the UCC Bill without the consent or participation of the communities most directly affected. The intent of the Government of Gujarat was also exposed by the fact that a comprehensive draft of the UCC Bill was not placed in the public domain for objections, critiques and modifications; instead, it was directly placed in the State Assembly and passed with the brute majority by the ruling party.
The PUCL’s submission to the Justice (Retd) Ranjana Desai Committee on UCC had delineated a comprehensive view on the UCC from a gender justice framework, particularly based on the evolving stance of the women’s movement over decades. It detailed out how the dominant position shifted from a singular demand for a UCC to a more nuanced approach, focusing on legal reforms and new legislation to achieve gender justice across communities. The government should have recognized this instead of framing an unconstitutional legal framework that is harmful to society.
The entire exercise of the so-called widespread consultations with communities and experts that the Committee claimed to have conducted has turned out to be futile, as it does not have any added thrust towards gender justice which is already not there in the progressive dimensions of the existing personal laws. It has not even made a tokenistic effort to integrate the progressive elements of the different personal laws into the UCC Bill. The exemptions made based on tradition and customary practices remain more or less intact while the Bill is nothing but a description of the bureaucratic process of registration of marriage, divorce and live-in relationships. A major part of the Bill is dedicated to Succession, as if that is the most important element of the civil code. Also, this UCC Bill has completely ignored the transgender and LGBTQIA+ communities, and their rights and justice concerns.
The UCC has been diminished into a painful bureaucratic process of registration, a process that already exists, now also ridiculously applied to live-in relationships. This not only defeats the stated purpose of UCC (gender justice) but will subject a vast majority of the population of Gujarat to mindless harassment through its absurd retrospective enforcement. The intrusive bureaucratic process is not just a violation of the dignity of citizens; but also violative of the constitutional right to privacy.
The powers given to the Registrar for investigation into any violation of Sec 4 are arbitrary and not defined accurately and in detail. Such an investigation process will elicit unwanted and dangerous attention which will definitely be used against those couples (both in marriage and live-in) who may have married or decided to live-in against the wishes of their parents, family and community, especially when they are inter-religious and inter-caste.
Needless to say, this would endanger their security, considering the violent ultra-conservative elements in society (many a time with the patronage of the party in power) that have scant regard for law. The brunt of this would be borne by the minorities and the vast majority of rural and marginalized communities that conduct their marriages and divorce as per customary law, wherein documentation would be highly limited, rendering them vulnerable to cancellation of marriages solemnized in the past and subsequent harassment during the appeal processes. The investigative powers given to the Registrar vis-à-vis live-in relationships and the submission of details to the local police also are mala fide and is a condemnable effort of the state to criminalize live-in relationships.
The Constitution of India guarantees freedom of religion, cultural autonomy, and equality before law. Articles 25, 26, and 29 safeguard the rights of communities to practice their faith and preserve their cultural traditions. Even though the Gujarat UCC Bill may not seem to violate the above, the process of its implementation would certainly amount to a violation of their dignity and privacy; and can also be weaponized to criminalize, as a result of the arbitrary and undefined powers that it bestows on the Registrar. Hence, when this Bill becomes law it can weaken the above constitutional safeguards, thus striking at the very foundation of India’s plural and secular constitutional order.
PUCL also cautions that the government has failed to demonstrate how the proposed code will genuinely advance gender justice or equality. Without addressing structural inequalities and ensuring equal rights for women across communities, the imposition of a so-called uniform code risks becoming an instrument of political polarization rather than meaningful social reform.
In light of these concerns, the People’s Union for Civil Liberties demands that the Government of Gujarat:
- Immediately halt the process of Gujarat Uniform Civil Code.
- Release all draft proposals, reports, and related documents in the public domain.
- Take cognizance of all the recommendations of the Law Commission pertaining to UCC, compile existing critiques of the UCC in the public domain by eminent women’s organizations and experts on gender justice
- Initiate an inclusive consultation process involving civil society organizations, women’s groups, constitutional experts, and representatives of all communities.
The PUCL Gujarat is in the process of preparing a clause-by-clause critique of the UCC Bill that was passed. We will be placing this in the public domain soon.