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Report No. 133

Need for amendment as to custody

6.51. Legislative history of the provision in the Act of 196 relating to custody is of interest. Though the mother, in regard to her position as a natural guardian, is postponed to the father, yet the Act lays down, as already stated, that the custody of a minor upto five years shall ordinarily be with the mother. In the original Bill, the age proposed was three years, but the Select Committee raised it to five years. Even this enhancement did not satisfy all persons. Some Members of Parliament felt that the age should be further raised. A lady member of the Select Committee wanted the custody of the minor to be with the mother till the minor attained majority. Another lady member wanted it to be raised to twelve. The two other male members wanted it to be raised to ten and thirteen respectively. Our proposal that the age of custody should be raised to twelve is, therefore, not new.

Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and elaboration of the Welfare Principle Back

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