Concept of Guardianship in India: The Unrevealed Gender Bias and Inequitable Laws

  • Sariga Ramachandran M
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  • Sariga Ramachandran M

    Student at His Highness Maharajas Government Law College, Ernakulam, India

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India is a secular democratic country in which citizens are free to follow their own religions according to their faith. The Concept of guardianship has diverse aspects while considering the application of different personal laws in India. Each religion relies on personal laws for the purpose of marriage, succession, inheritance and guardianship. In Hindu religion the concept of guardianship of children does not arise in the past as it was governed by joint family system of Dayabaga or Mitakshara schools. When comes to the British colonial governance period the guardianship laws were emerged and later it has been codified. Under Hindu law guardianship gives more prominence to father than mother, it leads to a strong gender bias. In Muslim personal law also, father is given more prominent position when compared to mother in the aspect of guardianship. The position of mother is not at all considered for guardianship of her own children. The guardianship under Christians is governed by The Guardian and wards Act. The inequality in considering the guardianship of a child is much discriminatory, it has to be gender neutral and which does not oppose to the law of the land. Apart from the gender concept the utmost aim of the guardianship has to be the welfare of the child. The concept which is deep rooted in the mindsets of people is hard to change and only by way of legislative enactments the similar position could be achieved. Be it the laws of Hindus, Christians, Muslims or any other religion the discrimination is same and effective in all senses. All laws places man a predominance over woman in all aspects, this leads to the violation of Article 14, 15 and 21 of the Constitution of India.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 841 - 847


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