The ministry plans to make it easier for married women to adopt children by amending the Hindu Adoptions and Maintenance Act, 1956 (HAMA).
Here’s some good news for women stuck in legal battles with their spouses over the custody of minor children. In a move that will allow them equal claim on their children as their husbands, the law and justice ministry has moved amendments to the Guardians and Wards Act (GWA), 1890.
The ministry also plans to make it easier for married women to adopt children by amending the Hindu Adoptions and Maintenance Act, 1956 (HAMA). Besides, in a step aimed at removing entrenched gender bias in personal laws, it has set up a committee to study them.
“This is the first step against gender bias. We will sanitise all such laws that have a patriarchal approach and go against the interest of women,” law minister M Veerappa Moily said. About 40 such laws having direct bearing on women are under the committee’s scrutiny, he added.
The ministry has already moved the Personal (Amendment) Bill, 2010, in Parliament to amend Clause (b) of Section 19 of the Guardians and Wards Act, 1890, to include the mother along with the father as a fit person to be appointed guardian—the present act only names the father. Once the bill is cleared, the courts shall not appoint any other person as guardian of a minor if either of the parents is fit to be the guardian.
The amendment is based on the recommendation of the Law Commission’s 83rd report on the GWA, where it critically examined many laws that were biased in favour of men. The bill is at present being examined by a parliamentary standing committee. It has invited comments from the public by May 24.
While women groups have welcomed the move, they said many more such discriminatory laws needed an overhaul. “Section 19 (b) of GWA was obnoxious as it recognised only fathers as the guardian of a minor while women had no say. We welcome the amendment proposal as now a mother too can have equal right,” said Kirti Singh, senior advocate in Supreme Court.
“As far as the statute is concerned, this is a major move. But courts have of late started taking a modern approach in such cases,” said Delhi lawyer Santosh Kumar, who has dealt with many custody-related matters. The ministry has also moved amendments to Section 8 of the Hindu Adoptions and Maintenance Act, 1956, to ensure the right of a married woman in adoption of a son or daughter. Her married status was a major handicap in this regard. Changes in Section 9 of the same act provide that the mother, with the consent of the father, and the father with the consent of the mother, shall have equal right in adoption of their children.
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