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Report No. 133

Chapter V

Recommendations

First Recommendation

'Mother' should have same and equal (and not inferior) rights vis-a-vis 'father'.

5.1. The provision contained in section 6(e) of the Hindu Minority and Guardianship Act of 1956 ("HMG Act" for short) constituting the father as a natural guardian of a Hindu minor's person as well as in respect of his property in 'preference' to the mother should be amended so as to constitute both the father and the mother as being natural guardians "jointly and severally" having equal rights in respect of the minor. Because, there is no justification for according a superior and preferential treatment to the father vis-a-vis the mother of the minor and because it violates the spirit and conscience of Article 15 of the Constitution of India.

(See para. 4.1.)



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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