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Report No. 257

Chapter VI

Summary of Recommendations

6.1 The recommendations of the Law Commission in this report are captured in the Hindu Minority and Guardianship (Amendment) Bill, 2015, and the Guardians and Wards (Amendment) Bill, 2015, which are appended to the report. The Bills, respectively, amend the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890.

In this regard, the Law Commission also makes incidental reference to some of the recommendations of the 83rd report (1980) of the Law Commission, entitled 'The Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956,'149 as well as the 133rd report (1989) of the Law Commission, entitled 'Removal of discrimination against women in matters relating to guardianship and custody of minor children and elaboration of the welfare principles.'150

149 Law Commission of India, 83rd Report, April (1980), available at

150 Law Commission of India, 133rd Report, August (1989), available at

6.2 The Commission provides detailed legislative text by recommending the insertion of a new chapter IIA dealing with 'Custody, Child Support and Visitation Arrangements'. The Commission also provides specific guidelines to assist the court in deciding such matters, including processes to determine whether the welfare of the child is met; procedures to be followed during mediation; and factors to be taken into consideration when determining grants for joint custody. The recommendations are discussed in detail in the following pages.

Reforms in Guardianship and Custody Laws in India Back

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