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Report No. 83

1.2. Need for revision of the Act.-

Although the Act was passed about a hundred years ago, no comprehensive revision of its provisions seems to have been undertaken since it was passed. The Legislature, when it considered the law1 relating to maintenance and guardianship applicable to Hindus had occasion to deal with some matters germane to the law of guardianship, but there was no opportunity for considering reform of the Act of 1890. Some of the provisions of the Act are in need of reform in the light of present day conditions.

A number of important questions arising from conflict of judicial decisions or from certain deficiencies in the present expression of the law have also necessitated a review of the law. Clarity, always desirable in legislation, is especially necessary in this field. As has been said:2 "The lives of the young are at stake.".

1. Hindu Minority and Guardianship Act, 1956.

2. F.A.R. Bennion First Consideration, (1976) 126 New LJ 1237. 83.6 of the Hindu Minority and Guardianship Act, 1956.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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