Guardianship for CLAT - Practice Questions & MCQ

Introduction:

• Guardianship is a legal concept that plays a crucial role in safeguarding the rights and interests of minors and individuals who are unable to make decisions for themselves. 
• In Indian Family Law, guardianship primarily pertains to the care, custody, and management of the person and property of minors. 

Types of Guardianship:

Natural Guardians:

• Natural guardians are individuals who have inherent guardianship rights over a minor child due to their relationship with the child. In Hindu law, the father is recognized as the natural guardian of a legitimate minor child, followed by the mother.
• For example, in a Hindu family, if a couple has a minor child, the father and mother are the natural guardians by default.

Testamentary Guardians:

• Testamentary guardians are appointed by a parent through a will or testament. These guardians have the authority to make decisions on behalf of the child's person and property.
• For instance, if a parent designates a close friend or relative as the testamentary guardian of their child in their will, that designated person assumes guardianship responsibilities in the event of the parent's demise.

Court-Appointed Guardians:

• In cases where no natural or testamentary guardian is available, suitable, or willing to act as a guardian, the court may appoint a guardian to protect the interests of the minor.
• This situation may arise when the child's parents are unfit, deceased, or in situations involving disputes over guardianship.

Legal Provisions for Guardianship:

Guardians and Wards Act, 1890:

• The Guardians and Wards Act serves as the principal legislation governing guardianship in India. It outlines the legal framework for the appointment and powers of guardians for minors and individuals incapable of managing their affairs.
• Hindu Minority and Guardianship Act, 1956:
• This act specifically deals with guardianship among Hindus and provides provisions for appointing and determining the powers of guardians, particularly for minor children.

Case Law Example: Gita Hariharan v. Reserve Bank of India (1999)

• Background:
  • The case addressed the issue of guardianship and gender equality under Hindu law, specifically whether a mother could be considered the natural guardian of her minor child for various legal purposes.
• Key Issues:
  • The primary issue was whether a mother could act as the natural guardian of her child under Hindu law, challenging the traditional preference for the father as the natural guardian.
• Key Findings and Rulings:
  • The Supreme Court emphasized that the welfare of the child should be the paramount consideration when determining guardianship.
  • The court ruled that a mother could be recognized as the natural guardian of her child, similar to the father, if it was in the best interests of the child.
  • Gender-neutral considerations should apply when determining guardianship, and the father's preference as a natural guardian should not automatically exclude the mother.
• Impact:
  • The case promoted gender equality, recognizing the importance of mothers in the upbringing and welfare of their children.
  • It highlighted the principle that the child's best interests should be the primary criterion in guardianship matters.
  • The judgment had practical legal implications, allowing mothers to act as natural guardians for various legal purposes, ensuring equal rights and responsibilities in the upbringing and welfare of their children.

Constitutional Provisions:

• Article 21 of the Indian Constitution: Article 21 guarantees the right to life and personal liberty, which encompasses the right to be raised in a safe and nurturing environment. This right is closely related to the concept of guardianship, as it ensures that minors' well-being and best interests are protected.
• Article 51A(k) of the Indian Constitution: This article places a fundamental duty on every citizen to renounce practices derogatory to the dignity of women. While not directly related to guardianship, it indirectly impacts it by emphasizing the importance of considering gender-neutral criteria when appointing guardians.