Discrimination between Parents by 'Hindu Minority & Guardianship Act, 1956': An Overview

Abstract

The Hindu Minority and Guardianship Act, 1956 primarily deals with the issue of guardianship to a minor child. The expression ‘minor’ includes a person who has not completed the age of eighteen years. The Act is applicable only to the persons who are Hindu by religion. Section 6 of the act provides that the father shall be the guardian of minor child and after him mother shall be the guardian. The proviso thus, discriminates between the father and mother. The provision u/s 6(a) of the Act unreasonably provides that the guardianship of a child above five years of age shall be with the father. Mother shall be the guardian for the child below five years only. The proviso obviously denies the equal rights to the mother in the matter of guardianship. The matter was challenged before Hon’ble Supreme Court but the court ruled that the term “after” in section 6 not be literally interpreted to mean “in absence of father”. There is thus urgent need of change in the law to ensure the equality of rights available to the parents and equality of treatment to, son and daughter.