m robot: Update article (please report if you notice any mistake or error in this edit) |
m small changes |
||
| Line 1: | Line 1: | ||
{{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 | ||
| | | short_title = Hindu Minority and Guardianship Act, 1956 | ||
| | | 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 = | | date_assented = | ||
| date_commenced = 1956 | | date_commenced = 25 August 1956 | ||
| summary = Act related to the | | 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 | 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 | 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= | * 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> | ||
This Act was intended to be an addendum to the Guardians and Wards Act, 1890, not its replacement.<ref name="autogenerated1" /> | |||
This Act | |||
===Overriding quality=== | ===Overriding quality=== | ||
| Line 34: | Line 37: | ||
==Application== | ==Application== | ||
This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its | 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 | 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 | 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 | 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"/> | ||
| Line 48: | Line 51: | ||
===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 | 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== | ||
| Line 58: | Line 61: | ||
===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== | ||
| Line 64: | Line 70: | ||
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]] | ||
Latest revision as of 12:00, 23 March 2026
 | This article needs additional citations for verification. (May 2016) |
| Hindu Minority and Guardianship Act, 1956 | |
|---|---|
| Error creating thumbnail: File missing | |
| Parliament of India | |
| |
| Citation | Act No.32 of 1956 |
| Territorial extent | whole of India |
| Enacted by | Parliament of India |
| Enacted | 25 August 1956 |
| Commenced | 25 August 1956 |
| 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 | |
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[edit | edit source]
This act is one of the four 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[edit | edit source]
- 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.[1]
This Act was intended to be an addendum to the Guardians and Wards Act, 1890, not its replacement.[1]
Overriding quality[edit | edit source]
Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant laws.[1]
Application[edit | edit source]
This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its various forms, such as Lingayat, Virashiva, and those who follow Brahmo, 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.[1]
Both legitimate and illegitimate minors who have at least one parent meeting the stipulations outlined above fall under the jurisdiction of this Act.[1]
Natural guardians[edit | edit source]
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.[1]
Each of these, if they chose, may appoint guardians of their child's person or property.[1]
Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.[1]
Abilities of natural guardians[edit | edit source]
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.[1]
Minors and property[edit | edit source]
A child cannot act as a guardian of property of minors.[1]
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.[1]
Welfare of minor[edit | edit source]
The welfare of the minor will be the primary consideration in the appointment of a guardian.[1]
Lacunae[edit | edit source]
Feminist scholars have critiqued the law, arguing that it upholds the rights of fathers rather than mothers as the natural guardians of a child.[2] They argued that it is based on the concept of heterosexual families and ignores diverse family forms.[3] 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.[4]
Notes[edit | edit source]
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 "Hindu Minority and Guardianship Act". Archived from the original on 10 April 2009. Retrieved 8 December 2008.
- ↑ Bajpai, Asha (2005). "Custody and Guardianship of Children in India". Family Law Quarterly. 39 (2): 441–457. JSTOR 25740499. Retrieved 29 November 2024.
- ↑ Dube, Leela (2001). Seed and earth: The symbolism of biological reproduction and sexual relations of production in anthropological explorations In Gender:Intersecting Fields. Sage.
- ↑ Nigam, Shalu (2024). "Guardianship Law in India: Examining the Principle of 'Best Interests' of Minors and the Rights of Single Mothers as Sole Guardians". Indian Journal of Gender Studies. 31 (3): 308-327. doi:10.1177/09715215241262137. Retrieved 29 November 2024.