LEGAL ASPECT OF GUARDIANSHIP UNDER HINDU JURISPRUDENCE: AN ANALYSIS

Abstract

Shastras and Quran have affirmed the idea of guardianship in the Ancient times but their views are different on the notion of Guardianship.The guardianship flows from the mental incapability or disability of the child who is unable to protect himself or handle the affairs relating to his property then is it safe to give child in the hand of such parents? Whether gender biasness on the issues related to the guardianship of the children will end in coming future or not? The crucial role of the guardianship is to protect the best interest and welfare of the child for his personality development. The legislative framework which regulates the notion of guardianship in personal laws on family jurisprudence like Hindu Minority and Guardianship Act, Guardian and Wards Act 1890, Islamic law etc. the
judicial enactments of the court sometimes rely on the laws and many times it is inconsistent with laws like in some cases preference is given to the father over the mother and in some cases both father and mother stands on equal footing. The guardianship has been shifted from superiority of father to welfare principle in recent times with the laws relating to Guardianship and minority has been administered by the Hindu Minority and Guardianship Act 1956 with welfare of the child as the major consideration.