Has Child Welfare Outgrown The Guardianship Act, 1890? Relevance Of The Guardians And Wards Act, 1890
- IJLLR Journal
- Aug 4
- 2 min read
Shoaib Khan Afghan, BBA LL.B. (Hons), REVA University, School of Legal Studies, Bengaluru, Intern at Legal Aid Trust
ABSTRACT
The Guardians and Wards Act, 1890 is one of the oldest laws in India dealing with guardianship and child custody. It was enacted during British rule to provide a legal framework for appointing guardians for minors and protecting their interests. Although the Act has remained in force for more than a century, Indian society has changed a great deal. Family structures, social values, and the understanding of children's rights are very different today from what they were in 1890. As a result, questions have been raised about whether such an old law is still suitable for dealing with the child custody disputes we see today.
This paper examines the purpose, importance, and present relevance of the Guardians and Wards Act, 1890. It explains the important provisions of the Act, including what a guardian actually is and what duties come with that role, and studies how the Act works together with different personal laws governing Hindus, Muslims, Christians, and Parsis, since India follows different personal laws. The paper therefore looks at how these personal laws interact with the Guardians and Wards Act and how courts balance them while protecting the interests of children. This paper also explains how the approach of Indian courts has changed over time. Instead of discussing a large number of cases, this paper focuses on a few landmark judgments that have had the greatest impact on child custody law in India. The paper concludes that although the Guardians and Wards Act, 1890 continues to play an important role in deciding child custody matters, many of its provisions no longer reflect the needs of modern society.
