Bill amends guardianship law to grant mothers equal standing with fathers

It aims to ensure that mothers have equal legal standing with fathers in deciding the guardianship of minor children and in adopting or giving children in adoption.

Who it concerns: The Bill affects Hindu individuals regarding adoption rights, and all parents (regardless of religion) regarding the appointment of guardians for minor children under the Guardians and Wards Act, 1890.

What the bill does

• Amends Section 19 of the Guardians and Wards Act, 1990 to state that a court cannot appoint a guardian for a minor if either the father or the mother is living and fit, removing the previous preference for the father.
• Amends Section 8 of the Hindu Adoptions and Maintenance Act, 1956 to allow any female Hindu who is of sound mind and not a minor to adopt a son or daughter, regardless of marital status, provided she has her husband's consent if he is living (unless he has renounced the world, ceased to be a Hindu, or is of unsound mind).
• Amends Section 9 of the Hindu Adoptions and Maintenance Act, 1956 to grant the father and mother equal rights to give a son or daughter in adoption, subject to the consent of the other parent (unless the other parent has renounced the world, ceased to be a Hindu, or is of unsound mind).
• Omits Section 9(3) of the Hindu Adoptions and Maintenance Act, 1956, which previously restricted the mother's right to give a child in adoption to specific circumstances where the father was unavailable or unfit.

Also in the document

• The Bill is based on recommendations from the Law Commission of India (Eighty-third Report).
• The Statement of Objects and Reasons cites the 2001 Census data and the Constitution of India's guarantee of equality to justify the removal of discriminatory provisions.