Hindu Minority and Guardianship Act, 1956 - Revision history

ShannonAguayo: small changes

2026-03-23T06:30:26Z

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← Older revision		Revision as of 12:00, 23 March 2026
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			{{Short description\|Indian federal legislation}}
	{{use dmy dates\|date=May 2016}}		{{use dmy dates\|date=May 2016}}
	{{use Indian English\|date=May 2016}}		{{use Indian English\|date=May 2016}}
	{{more citations needed\|date=May 2016}}		{{more citations needed\|date=May 2016}}
	{{Infobox legislation		{{Infobox legislation
	\| ~~imagesize~~ = ~~100~~		\| short_title = Hindu Minority and Guardianship Act, 1956
	\| ~~imagealt~~ = ~~Hindu Minority and Guardianship~~ Act		\| long_title = An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus.
			\| citation = [https://www.indiacode.nic.in/bitstream/123456789/1649/1/195632.pdf Act No.32 of 1956]
			\| territorial_extent = whole of India
	\| enacted_by = [[Parliament of India]]		\| enacted_by = [[Parliament of India]]
	\| date_enacted =		\| date_enacted = 25 August 1956
	\| date_assented = ~~1955~~		\| date_assented =
	\| date_commenced = 1956		\| date_commenced = 25 August 1956
	\| summary = Act related to the ~~gaurdianship~~ of Hindus, as per Hindu Code Bills.		\| amended_by = Pondicherry (Extension of Laws) Act, 1968
			\| related_legislation = Guardians and Wards Act, 1890
			\| summary = Act related to the guardianship of Hindus, as per Hindu Code Bills.
	\| status = In Force		\| status = In Force
	}}		}}

	The '''Hindu Minority and Guardianship Act''' was ~~established in 1956~~ as part of the [[Hindu Code Bills]]. Three other important acts were also ~~created~~ during this time ~~and they include~~ the [[Hindu Marriage Act, 1955~~\|Hindu Marriage Act (1955)~~]], the [[Hindu Succession Act, 1956~~\|Hindu Succession Act (1956)~~]], and the [[Hindu Adoptions and Maintenance Act, 1956~~\|Hindu Adoptions and Maintenance Act (1956)~~]]. All of these acts were ~~put forth~~ under the leadership of [[Jawaharlal Nehru]], and were ~~meant~~ to modernize the ~~then current~~ Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was ~~meant~~ to ~~enhance~~ the Guardians and Wards Act of 1890~~, not serve as its replacement~~. This act specifically ~~serves to define~~ guardianship relationships between adults and minors, as well as between ~~people~~ of all ages and their respective property.		The '''Hindu Minority and Guardianship Act, 1956''' was enacted as part of the [[Hindu Code Bills]]. Three other important acts were also passed during this time: the [[Hindu Marriage Act, 1955]], the [[Hindu Succession Act, 1956]], and the [[Hindu Adoptions and Maintenance Act, 1956]]. All of these acts were introduced under the leadership of [[Jawaharlal Nehru]], and were intended to modernize the prevailing Hindu legal tradition. The Hindu Minority and Guardianship Act, 1956 was intended to supplement, rather than replace the Guardians and Wards Act, 1890. This act specifically defines guardianship relationships between adults and minors, as well as between individuals of all ages and their respective property.

	==Introduction==		==Introduction==

	This act is one of four Hindu Code Bills ~~that were~~ codified by the Nehru Administration in 1956. The other three Acts include the [[Hindu Succession Act]], [[Hindu Adoptions and Maintenance Act]], and [[Hindu Marriage Act]]. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian Hindu personal law.		This act is one of the four [[Hindu code bills\|Hindu Code Bills]] codified by the Nehru Administration in 1956. The other three Acts include the [[Hindu Succession Act]], [[Hindu Adoptions and Maintenance Act]], and the [[Hindu Marriage Act]]. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian [[Hindu personal law]].

	==Important definitions==		==Important definitions==

	* A minor is a person under the age of 18		* A minor is a person under the age of 18
	* A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to the [[Court of Wards (India)\|Court of Wards]].<ref name="autogenerated1">{{cite web\|url=http://nrcw.nic.in/shared/sublinkimages/61.htm \|title=~~Archived copy~~ \|access-date=8 December 2008 \|url-status=dead \|archive-url=https://web.archive.org/web/20090410031428/http://nrcw.nic.in/shared/sublinkimages/61.htm \|archive-date=10 April 2009 }}</ref>		* A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to the [[Court of Wards (India)\|Court of Wards]].<ref name="autogenerated1">{{cite web\|url=http://nrcw.nic.in/shared/sublinkimages/61.htm \|title=Hindu Minority and Guardianship Act \|access-date=8 December 2008 \|url-status=dead \|archive-url=https://web.archive.org/web/20090410031428/http://nrcw.nic.in/shared/sublinkimages/61.htm \|archive-date=10 April 2009 }}</ref>

	~~Exception: the state of Jammu and Kashmir.<ref name="autogenerated1"/>~~		This Act was intended to be an addendum to the Guardians and Wards Act, 1890, not its replacement.<ref name="autogenerated1" />

	This Act is intended to be an addendum to the Guardians and Wards Act of 1890, not its replacement.<ref name="autogenerated1"/>

	===Overriding quality===		===Overriding quality===
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	==Application==		==Application==

	This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its ~~developmental~~ forms~~. These include the~~ Lingayat, Virashiva, and those who follow Brahmo, Prarthana or Arya Samaj. ~~Those~~ who practice ~~the religions of~~ Buddhism, Sikhism, and Jainism ~~are also considered Hindus~~. Finally, those who are not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage, they were not governed by Hindu law.<ref name="autogenerated1"/>		This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its various forms, such as [[Lingayats\|Lingayat]], [[Virashaiva\|Virashiva]], and those who follow [[Brahmo]], [[Prarthana Samaj\|Prarthana]] or [[Arya Samaj]]. It also applies to those who practice Buddhism, Sikhism, and Jainism. Finally, those who are not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage, they were not governed by [[Hindu law]].<ref name="autogenerated1"/>

	Both legitimate and illegitimate minors who have at least one parent ~~that meets~~ the stipulations outlined above fall under the jurisdiction of this Act.<ref name="autogenerated1"/>		Both legitimate and illegitimate minors who have at least one parent meeting the stipulations outlined above fall under the jurisdiction of this Act.<ref name="autogenerated1"/>

	==Natural guardians==		==Natural guardians==

	The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the ordinarily guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor ~~girl’s~~ husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.<ref name="autogenerated1"/>		The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the ordinarily guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor girl's husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.<ref name="autogenerated1"/>

	Each of these, if they chose, may appoint guardians of their ~~child’s~~ person or property.<ref name="autogenerated1"/>		Each of these, if they chose, may appoint guardians of their child's person or property.<ref name="autogenerated1"/>

	Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.<ref name="autogenerated1"/>		Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.<ref name="autogenerated1"/>
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	===Abilities of natural guardians===		===Abilities of natural guardians===

	Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any part of the ~~minor’s~~ immovable property, lease this property for more than five years, or lease the property for more than one year after the child becomes eighteen.<ref name="autogenerated1"/>		Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any part of the minor's immovable property, lease this property for more than five years, or lease the property for more than one year after the child becomes eighteen.<ref name="autogenerated1"/>

	==Minors and property==		==Minors and property==
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	===Welfare of minor===		===Welfare of minor===
	The welfare of the minor will be the primary consideration in the appointment of a guardian.<ref name="autogenerated1"/>		The welfare of the minor will be the primary consideration in the appointment of a guardian.<ref name="autogenerated1"/>

			===Lacunae===
			Feminist scholars have critiqued the law, arguing that it upholds the rights of fathers rather than mothers as the natural guardians of a child.<ref>{{cite journal \|last1=Bajpai \|first1=Asha \|title=Custody and Guardianship of Children in India \|journal=Family Law Quarterly \|date=2005 \|volume=39 \|issue=2 \|pages=441–457 \|jstor=25740499 \|url=https://www.jstor.org/stable/25740499 \|access-date=29 November 2024}}</ref> They argued that it is based on the concept of heterosexual families and ignores diverse family forms.<ref>{{cite book \|last1=Dube \|first1=Leela \|title=Seed and earth: The symbolism of biological reproduction and sexual relations of production in anthropological explorations In Gender:Intersecting Fields \|date=2001 \|publisher=Sage }}</ref> The courts later deduce the principle of the best interests of a minor. Several studies show that single mothers, over the years, have approached the courts and compelled them to acknowledge the rights of mothers to be recognized as a sole guardian of a child.<ref>{{cite journal \|last1=Nigam \|first1=Shalu \|title=Guardianship Law in India: Examining the Principle of 'Best Interests' of Minors and the Rights of Single Mothers as Sole Guardians \|journal=Indian Journal of Gender Studies \|date=2024 \|volume=31 \|issue=3 \|page=308-327 \|doi=10.1177/09715215241262137 \|url=https://journals.sagepub.com/doi/abs/10.1177/09715215241262137 \|access-date=29 November 2024\|url-access=subscription }}</ref>

	==Notes==		==Notes==
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	http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf		http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf

	{{DEFAULTSORT:Hindu Minority And Guardianship Act}}		{{Hindu Code bills}}{{DEFAULTSORT:Hindu Minority And Guardianship Act}}
			[[Category:Acts of the Parliament of India 1956]]
	[[Category:Indian family law]]		[[Category:Indian family law]]
	[[Category:Hindu law]]		[[Category:Hindu law]]
	[[Category:Nehru administration]]		[[Category:Nehru administration]]

UpdateBot: robot: Update article (please report if you notice any mistake or error in this edit)

2022-02-17T13:00:25Z

robot: Update article (please report if you notice any mistake or error in this edit)

← Older revision		Revision as of 18:30, 17 February 2022
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	{{use dmy dates\|date=May 2016}}		{{use dmy dates\|date=May 2016}}
	{{use Indian English\|date=May 2016}}		{{use Indian English\|date=May 2016}}
	{{~~refimprove~~\|date=May 2016}}		{{more citations needed\|date=May 2016}}
	{{Infobox legislation		{{Infobox legislation
	\| imagesize = 100		\| imagesize = 100
	\| imagealt = Hindu Minority and Guardianship Act		\| imagealt = Hindu Minority and Guardianship Act
	\| enacted_by = [[Parliament of India]]		\| enacted_by = [[Parliament of India]]
	\| status = In Force		\| date_enacted =
			\| date_assented = 1955
			\| date_commenced = 1956
			\| summary = Act related to the gaurdianship of Hindus, as per Hindu Code Bills.
			\| status = In Force
	}}		}}

	The '''Hindu Minority and Guardianship Act''' was established in 1956 as part of the [[Hindu Code Bills]]. Three other important acts were also created during this time and they include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of [[Jawaharlal Nehru]], and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.		The '''Hindu Minority and Guardianship Act''' was established in 1956 as part of the [[Hindu Code Bills]]. Three other important acts were also created during this time and they include the [[Hindu Marriage Act, 1955\|Hindu Marriage Act (1955)]], the [[Hindu Succession Act, 1956\|Hindu Succession Act (1956)]], and the [[Hindu Adoptions and Maintenance Act, 1956\|Hindu Adoptions and Maintenance Act (1956)]]. All of these acts were put forth under the leadership of [[Jawaharlal Nehru]], and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.

	==Introduction==		==Introduction==
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	* A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to the [[Court of Wards (India)\|Court of Wards]].<ref name="autogenerated1">{{cite web\|url=http://nrcw.nic.in/shared/sublinkimages/61.htm \|title=Archived copy \|access-date=8 December 2008 \|url-status=dead \|archive-url=https://web.archive.org/web/20090410031428/http://nrcw.nic.in/shared/sublinkimages/61.htm \|archive-date=10 April 2009 }}</ref>		* A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to the [[Court of Wards (India)\|Court of Wards]].<ref name="autogenerated1">{{cite web\|url=http://nrcw.nic.in/shared/sublinkimages/61.htm \|title=Archived copy \|access-date=8 December 2008 \|url-status=dead \|archive-url=https://web.archive.org/web/20090410031428/http://nrcw.nic.in/shared/sublinkimages/61.htm \|archive-date=10 April 2009 }}</ref>

	Exception: the state of Jammu and Kashmir.<ref name="autogenerated1"/>		Exception: the state of Jammu and Kashmir.<ref name="autogenerated1"/>

	This Act is intended to be an addendum to the Guardians and Wards Act of 1890, not its replacement.<ref name="autogenerated1"/>		This Act is intended to be an addendum to the Guardians and Wards Act of 1890, not its replacement.<ref name="autogenerated1"/>
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	==Natural guardians==		==Natural guardians==

	The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the ~~primary~~ guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.<ref name="autogenerated1"/>		The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the ordinarily guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.<ref name="autogenerated1"/>

	Each of these, if they chose, may appoint guardians of their child’s person or property.<ref name="autogenerated1"/>		Each of these, if they chose, may appoint guardians of their child’s person or property.<ref name="autogenerated1"/>

	Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.<ref name="autogenerated1"/>		Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.<ref name="autogenerated1"/>
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	==Minors and property==		==Minors and property==

	A child cannot act as a guardian of property of minors.<ref name="autogenerated1"/>		A child cannot act as a guardian of property of minors.<ref name="autogenerated1"/>

	For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest.<ref name="autogenerated1"/>		For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest.<ref name="autogenerated1"/>
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	{{Reflist}}		{{Reflist}}

	~~{{Indian legislations}}~~		http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf

	{{DEFAULTSORT:Hindu Minority And Guardianship Act}}		{{DEFAULTSORT:Hindu Minority And Guardianship Act}}
	[[Category:Indian family law]]		[[Category:Indian family law]]
	~~http~~:~~//epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf~~		[[Category:Hindu law]]
			[[Category:Nehru administration]]

>Hemant Dabral: Hemant Dabral moved page Hindu Minority and Guardianship Act to Hindu Minority and Guardianship Act, 1956: WP:CONSISTENT

2021-01-17T18:40:43Z

Hemant Dabral moved page Hindu Minority and Guardianship Act to Hindu Minority and Guardianship Act, 1956: WP:CONSISTENT

New page

{{use dmy dates|date=May 2016}}
{{use Indian English|date=May 2016}}
{{refimprove|date=May 2016}}
{{Infobox legislation
| imagesize = 100
| imagealt = Hindu Minority and Guardianship Act
| enacted_by = [[Parliament of India]]
| status = In Force
}}

The '''Hindu Minority and Guardianship Act''' was established in 1956 as part of the [[Hindu Code Bills]]. Three other important acts were also created during this time and they include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of [[Jawaharlal Nehru]], and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.

==Introduction==

This act is one of four Hindu Code Bills that were codified by the Nehru Administration in 1956. The other three Acts include the [[Hindu Succession Act]], [[Hindu Adoptions and Maintenance Act]], and [[Hindu Marriage Act]]. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian Hindu personal law.

==Important definitions==

* A minor is a person under the age of 18
* A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to the [[Court of Wards (India)|Court of Wards]].<ref name="autogenerated1">{{cite web|url=http://nrcw.nic.in/shared/sublinkimages/61.htm |title=Archived copy |access-date=8 December 2008 |url-status=dead |archive-url=https://web.archive.org/web/20090410031428/http://nrcw.nic.in/shared/sublinkimages/61.htm |archive-date=10 April 2009 }}</ref>

Exception: the state of Jammu and Kashmir.<ref name="autogenerated1"/>

This Act is intended to be an addendum to the Guardians and Wards Act of 1890, not its replacement.<ref name="autogenerated1"/>

===Overriding quality===

Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant laws.<ref name="autogenerated1"/>

==Application==

This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms. These include the Lingayat, Virashiva, and those who follow Brahmo, Prarthana or Arya Samaj. Those who practice the religions of Buddhism, Sikhism, and Jainism are also considered Hindus. Finally, those who are not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage, they were not governed by Hindu law.<ref name="autogenerated1"/>

Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act.<ref name="autogenerated1"/>

==Natural guardians==

The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the primary guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.<ref name="autogenerated1"/>

Each of these, if they chose, may appoint guardians of their child’s person or property.<ref name="autogenerated1"/>

Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.<ref name="autogenerated1"/>

===Abilities of natural guardians===

Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any part of the minor’s immovable property, lease this property for more than five years, or lease the property for more than one year after the child becomes eighteen.<ref name="autogenerated1"/>

==Minors and property==

A child cannot act as a guardian of property of minors.<ref name="autogenerated1"/>

For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest.<ref name="autogenerated1"/>

===Welfare of minor===
The welfare of the minor will be the primary consideration in the appointment of a guardian.<ref name="autogenerated1"/>

==Notes==
{{Reflist}}

{{Indian legislations}}

{{DEFAULTSORT:Hindu Minority And Guardianship Act}}
[[Category:Indian family law]]
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf