Chetna Dash, KIIT School of Law, Bhubaneswar
ABSTRACT
One of the main pillars supporting the wellbeing of Hindu children in India is the Hindu Minority and Guardianship Act (HMGA) of 1956. This essay evaluates the Act's provisions critically and points out both its advantages and disadvantages. It examines the idea of guardianship and the hierarchy of guardians appointed by the court, testamentary guardians, and natural guardians. The study explores guardians' responsibilities and authority with regard to a minor's person and belongings. Court interpretations and seminal cases are analysed to comprehend the ways in which courts have implemented the Act. The Act is further criticised in the study for its gender bias, shortcomings in addressing modern family patterns, and intricate procedural details. Finally, it suggests possible changes to guarantee the Act's continued applicability and efficacy in safeguarding Hindu kids' best interests in the twenty-first century, such as gender neutrality, the acknowledgment of co-guardianship, and streamlined court processes.
Keywords: Guardianship, Hindu Minority and Guardianship Act 1956, Critical Analysis, Suggestion for changes
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