Women get equal rights over guardianship and adoption of children
merisarkar news service
New Delhi, August 20, 2010
Now law gives women equal rights over adoption & guardianship
People see it as yet another step towards making the laws of the country free from gender bias. In a historic decision the Parliament has on Friday passed a Bill that will give equal right to women with regard to guardianship and adoption of children. Loksabha cleared the bill on the Friday and the Rajya Sabha had already passed Personal Law amendment bill on Tuesday.
The bill provides for mothers to be appointed as the guardian along with the father so that the courts do not appoint any other person as a guardian of minor if either of the parents is fit for the purpose.
Under the existing laws, only the father is considered to be natural guardian of the child in a Hindu family for adoption and guardianship and only unmarried, divorced women and widows are allowed to adopt a child.
Under the provisions of the Bill, the mother with the consent of the father and vice versa will also have equal rights to give in adoption of their children. In the existing laws, a married woman could not take an adoption of a son or daughter merely on the basis of her marital status.
To bring in these changes, the Bill seeks to amend a few of the clauses in the Hindu Adoptions and Maintenance Act of 1956 and the Guardians and Wards Act of 1890.
In his reply to a brief discussion on the bill, the Law and Justice Minister, Veerappa Moily described it as historic bill.
Mr. Moily said there was a need for bringing a comprehensive legislation for the betterment of women. He said that there was a growing demand for making laws, which are free from social bias. He admitted that discrimination did exist and there was a need to change this attitude.