Landmark SC Judgement Regarding Hindu Minority and Guardianship Act: Outline

Landmark SC Judgement Regarding Hindu Minority and Guardianship Act: Outline

Question: As per the Hindu Minority and Guardianship Act, the first natural guardian of the child (both person and property) is the father and then the mother. But recently, SC allowed unwed mothers to apply for sole guardianship of minor children. Discuss the key facets of this landmark judgement.

- As per the Hindu Minority and Guardianship Act, the natural guardian of a child’s person and property is the father followed by the mother; this strengthened the patriarchal structure

- SC has however passed a landmark judgement empowering unwed mothers to apply for sole guardianship of minor children

Implications of the ruling

- This ruling provides equal rights for mothers to access guardianship of their child

- Both parents have been given equal importance as the natural guardians and the word “after” in the Hindu Minority and Guardianship Act should not construe as making the position of the mother secondary

- Most public and private institutions insist on father’s name/signature in forms

- This ruling will have significant benefits for children born out of wedlock as well as those who are progenies of commercial sex workers

- This landmark judgement will also encourage adoption by single, independent women in India

Facts and Stats

- The Hindu Minority and Guardianship Act was established in 1956 as per Hindu Code Bills

- This Act covers all of India except J&K

- This law supersedes all other laws; it is applicable to legitimate as well as illegitimate minors

- Other important acts created during this time include the Hindu Succession Act, Hindu Marriage Act and Hindu Adoption and Maintenance Act