Family Attorney
World: South Asia India grants parental equality
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The Supreme Court in India has ruled that mothers should have the same rights as fathers in the guardianship of a child, in a judgement that could have far-reaching implications. Previously, only the father was recognised as the natural guardian under the Hindu Minority and Guardianship Act. But the court has now decided that fathers should not have preferential rights, as gender equality is a basic principle of the Indian constitution. In the judgement, the court said that just by reason of being a dominant personality, a father cannot have a preferential right over the mother in the matter of guardianship. According to the court, many transactions in the past operated on the grounds that the mother is not a natural guardian when the father is alive. Two decisions The decision was made by three judges on two counts questioning whether a mother could be regarded as the natural guardian during the lifetime of a child’s father. The first petition was filed by a writer, Geeta Hariharan, who went to court after a bank refused to recognise her as the natural guardian of her child. In this case, the court said the bank was wrong. The other petition was by social activist, Vandana Shiva, who claimed maintenance for herself and her child during divorce proceedings. The father opposed the petition. The court said both the mother and the father are bound to take due care of the child and should both be treated as guardians of the child. Source : news.bbc.co.uk |
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