At a glimpse, the Guardian and Wards 1890 being a secular act applies to every citizen and communities of India and on the other hand, The Hindu Guardianship and Minorities Act of 1965 is applicable only to Hindus and subsets of Hindus such as Jains, Buddhists, Sikhs, Lingayat, Arya Samaj, Followers of Brahmo, Followers of Prarthana Samaj, and Virashiva.
The Hindu Guardianship and Minorities Act of 1965 is an addition to the Law of Guardians and Wards of 1860 and does not replace the latter. Other religious communities such as Muslims, Parsis and Christians do not fall within the scope of this law. GWA 1890 covers the procedure on how to petition courts for the appointment of a guardian. Although, this being the main difference, there are certain other intricacies which are delved into herein under:
The Hindu Minority and Guardianship Act, 1956, and The Guardians and Wards Act, 1890, are two distinct pieces of legislation in India that deal with matters related to guardianship and the welfare of minors. Here are the key differences between these two acts:
- Applicability:
- Hindu Minority and Guardianship Act, 1956: This act specifically applies to Hindus, including Buddhists, Jains, and Sikhs. It deals with matters related to the guardianship of minors among these communities.
- Guardians and Wards Act, 1890: This act is not limited to any particular religious community and applies to people of all religions in India. It is a secular law governing the appointment and powers of guardians for minors.
- Scope:
- Hindu Minority and Guardianship Act, 1956: This act primarily focuses on the guardianship of minor children within the Hindu community. It outlines the rules for appointing guardians for minors and their powers and responsibilities.
- Guardians and Wards Act, 1890: This act is more comprehensive and covers guardianship issues for minors irrespective of their religion. It not only deals with the appointment of guardians but also addresses the welfare and protection of minors’ interests.
- Guardianship:
- Hindu Minority and Guardianship Act, 1956: This act specifies that the father is the natural guardian of a Hindu minor, followed by the mother. It provides rules for appointing other guardians as well.
- Guardians and Wards Act, 1890: This act allows the court to appoint a guardian, known as a “guardian of the person” or “guardian of the property,” based on the best interests of the minor. The court has more discretion in appointing guardians under this act.
- Welfare of the Child:
- Hindu Minority and Guardianship Act, 1956: While this act is concerned with the welfare of the child, it primarily emphasizes the order of preference for natural guardians within the Hindu community.
- Guardians and Wards Act, 1890: This act places a stronger emphasis on the overall welfare and best interests of the child, regardless of the religion or community to which the child belongs. The court can make decisions that it deems in the child’s best interests.
- Guardianship Disputes:
- Hindu Minority and Guardianship Act, 1956: This act is more specific about the hierarchy of natural guardians among Hindus. Disputes are resolved based on this hierarchy and the child’s religion.
- Guardians and Wards Act, 1890: This act provides a more flexible approach to resolving disputes related to guardianship. The court’s decisions are guided by the child’s welfare and interests.
In summary, the Hindu Minority and Guardianship Act, 1956, is a specialized law that primarily pertains to the guardianship of Hindu minors, whereas the Guardians and Wards Act, 1890, is a more general law that applies to minors of all religions and places a stronger emphasis on the welfare of the child.
KEY DIFFERENCES BETWEEN THE GUARDIAN AND WARDS ACT, 1890 AND THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956
At a glimpse, the Guardian and Wards 1890 being a secular act applies to every citizen and communities of India and on the other hand, The Hindu Guardianship and Minorities Act of 1965 is applicable only to Hindus and subsets of Hindus such as Jains, Buddhists, Sikhs, Lingayat, Arya Samaj, Followers of Brahmo, Followers of Prarthana Samaj, and Virashiva.
The Hindu Guardianship and Minorities Act of 1965 is an addition to the Law of Guardians and Wards of 1860 and does not replace the latter. Other religious communities such as Muslims, Parsis and Christians do not fall within the scope of this law. GWA 1890 covers the procedure on how to petition courts for the appointment of a guardian. Although, this being the main difference, there are certain other intricacies which are delved into herein under:
The Hindu Minority and Guardianship Act, 1956, and The Guardians and Wards Act, 1890, are two distinct pieces of legislation in India that deal with matters related to guardianship and the welfare of minors. Here are the key differences between these two acts:
- Applicability:
- Hindu Minority and Guardianship Act, 1956: This act specifically applies to Hindus, including Buddhists, Jains, and Sikhs. It deals with matters related to the guardianship of minors among these communities.
- Guardians and Wards Act, 1890: This act is not limited to any particular religious community and applies to people of all religions in India. It is a secular law governing the appointment and powers of guardians for minors.
- Scope:
- Hindu Minority and Guardianship Act, 1956: This act primarily focuses on the guardianship of minor children within the Hindu community. It outlines the rules for appointing guardians for minors and their powers and responsibilities.
- Guardians and Wards Act, 1890: This act is more comprehensive and covers guardianship issues for minors irrespective of their religion. It not only deals with the appointment of guardians but also addresses the welfare and protection of minors’ interests.
- Guardianship:
- Hindu Minority and Guardianship Act, 1956: This act specifies that the father is the natural guardian of a Hindu minor, followed by the mother. It provides rules for appointing other guardians as well.
- Guardians and Wards Act, 1890: This act allows the court to appoint a guardian, known as a “guardian of the person” or “guardian of the property,” based on the best interests of the minor. The court has more discretion in appointing guardians under this act.
- Welfare of the Child:
- Hindu Minority and Guardianship Act, 1956: While this act is concerned with the welfare of the child, it primarily emphasizes the order of preference for natural guardians within the Hindu community.
- Guardians and Wards Act, 1890: This act places a stronger emphasis on the overall welfare and best interests of the child, regardless of the religion or community to which the child belongs. The court can make decisions that it deems in the child’s best interests.
- Guardianship Disputes:
- Hindu Minority and Guardianship Act, 1956: This act is more specific about the hierarchy of natural guardians among Hindus. Disputes are resolved based on this hierarchy and the child’s religion.
- Guardians and Wards Act, 1890: This act provides a more flexible approach to resolving disputes related to guardianship. The court’s decisions are guided by the child’s welfare and interests.
In summary, the Hindu Minority and Guardianship Act, 1956, is a specialized law that primarily pertains to the guardianship of Hindu minors, whereas the Guardians and Wards Act, 1890, is a more general law that applies to minors of all religions and places a stronger emphasis on the welfare of the child.
Written by:
Advocate Rohit Dhankar