Prohibiting polygamy, nikah halala, and registration of live-in relationships: MP cabinet clears draft UCC bill

BHOPAL: The Madhya Pradesh cabinet on Sunday approved the draft Uniform Civil Code bill, paving the way for a common civil law that criminalises triple talaq and 'nikah halala', prohibits polygamy, and proposes three-month imprisonment if live-in relationships are not registered within a month.

The bill will be introduced during the monsoon session of the assembly beginning Monday.

It also proposes equal legal rights for children born to married parents, whether biological, adopted, or born through surrogacy or ART, equal inheritance rights to all children regardless of their marital status, while exempting Scheduled Tribes from the bill's scope.

Under the proposed legislation, children born out of live-in relationships will be granted legal status, and if the male partner abandons the female partner, she can claim maintenance (alimony) through the competent court, just like a legal wife.

It also mandates the registration of marriages and divorces for all faiths, barring tribal communities.

After the cabinet approved the bill during a special meeting held at Jagdishpur, (previously Islam Nagar), near Bhopal, CM Mohan Yadav said the state will now have a uniform law for everyone, including "Ram and Rahim".

Notably, the state government in 2023 changed the name of Bhopal's Islam Nagar village to Jagdishpur.

Yadav said, in deference to Constitutional safeguards, the bill would not apply to Scheduled Tribes covered under Articles 342 and 366 (Clause 25) of the Constitution.

The proposed law makes it mandatory for couples in a live-in relationship to submit a "Statement of Live-in Relationship" to the Registrar within one month of commencing cohabitation.

Partners must be at least 18 years of age. They must not fall under prohibited categories, should not be previously married, and their consent must be voluntary, it said.

The bill prescribes imprisonment up to three months or a Rs 10,000 fine for living together for more than a month without registration, three months' jail and a fine of Rs 25,000 for providing false information, and up to six months' imprisonment and a fine of Rs 25,000 for failing to provide a statement despite notice from the Registrar.

The Justice Ranjana Desai (retired) committee, which prepared the draft UCC, submitted its report to the Chief Minister last week.

Yadav described the UCC as a major, historic step towards realising the vision of equality, equity, justice, and secularism enshrined in the Constitution.

The primary objective of the UCC is to eliminate long-standing discrimination against women under personal laws, ensure their safety, and empower them, he said.

Nearly 80 per cent of Muslim women and 40 per cent of Muslim men supported the bill before the committee formed to draft it, Yadav claimed.

The marriageable age for men is 21, and for women is 18, he said.

Yadav urged all parties to rise above politics and support the bill, which aims to strengthen social harmony, women's empowerment, and national unity.

According to the chief minister, the proposed legislation provides for equal legal status for all children born through marriage, live-in relationships, adoption, surrogacy, and ART (assisted reproductive technology).

"Henceforth, there will be no special laws for specific groups in the state; people of all faiths will live under a unified legal framework. Whether it concerns live-in relationships or any other aspect of life, everything will be governed by the same set of rules," he told reporters.

Describing it as a significant step towards realising the vision of equality, justice, and secularism, Yadav said the bill aims to implement a uniform civil law, regardless of religion, to govern personal matters such as marriage, divorce, maintenance in marital disputes, inheritance, and live-in relationships.

"The UCC's primary objective is to ensure the safety and empowerment of women, thereby eliminating long-standing discrimination faced under disparate personal laws regarding marriage, divorce, and inheritance," Yadav added.

By reforming practices, some of which lack written rules, and establishing a uniform, fair framework, the UCC modernises personal civil laws to ensure equal rights for men and women, he added.

Simultaneously, it explicitly safeguards religious customs, ceremonies, and traditional practices, provided they align with public morality and policy.

Yadav noted that Article 44, contained within the Directive Principles of State Policy, mandates that the State shall endeavour to secure a Uniform Civil Code for citizens throughout the country.

"With this objective in mind, a draft of the 'Madhya Pradesh Uniform Civil Code, 2026' has been prepared," he said, adding that the MP UCC has been formulated based on an in-depth study and guidance derived from the Uniform Civil Codes of Uttarakhand (2024), Gujarat (2026), and Assam (2026).

Highlighting key features of the draft bill, Yadav said the proposed law won't apply to Scheduled Tribes such as the Bhil, Gond, Korku, Baiga, Sahariya, and Bharia tribes, covered under Article 342 and Article 366 (Clause 25) of the Constitution.

Furthermore, communities whose traditional rights are protected under Part XXI of the Constitution have also been specifically exempted from the code.

The draft bill mandates monogamy across all communities and bans the practice of 'triple talaq'. An individual can remain married to only one living spouse at a time. Marriages based on invalid consent or involving prohibited relationships (unless permitted by custom) are banned.

Registration of both marriage and divorce has been made mandatory. This process will be completed via the 'MP e-Nagarpalika Portal' in urban areas and through the SDM, municipality, or panchayat in rural areas.

After divorce, complying with, promoting, or forcing someone to undergo humiliating or degrading conditions, such as 'nikah halala' to remarry the same spouse, will be considered a punishable criminal offence.

Children of married parents, whether biological, adopted, or born through surrogacy or ART, will hold equal legal status. In any custody dispute, the "best interests and overall well-being of the child" will serve as the primary and mandatory basis for the court's decision, taking precedence over parental rights.

Under the uniform and gender-neutral succession framework, sons and daughters are granted equal rights to property inheritance, regardless of their marital status. Widows and widowers will also be treated equally regarding the deceased's estate, he said.