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Report No. 83

6.46. Present conditions different from those existing in 1890 or 1956.-

In so far as the Act of 1956 marks a progressive approach, it is welcome, but certain further comments would be in order. The social conditions existing today are altogether different from those that prevailed in 1890 or even in 1956. The goal of social justice envisages conditions conducive to freeing family relations from distortions and deformations associated with the exploitation of man and with the social and legal degradation of women and their material insecurity.

Women have now a status of equality with men in all spheres of life. The social significance of the family is now being recognised. It should develop into a unit supporting and promoting those talents and human qualities which foster the development of the individual. Parents must regard it as their foremost responsibility to bring up their children as healthy, happy and useful individuals and of an all-round standard of education, so as to enable them to blossom as active builders of society and the guardian must ensure this development of the child and safeguard its interest.

In appointing a guardian for a child, the Court must determine which of the claimants is, by his or her educational competence and influence and his or her own example, best suited to provide the requisite care in bringing up the child.



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




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