1999 Supreme(SC) 213
A. S. ANAND, UMESH C. BANERJEE, M. SRINIVASAN
Githa Hariharan: Drvandana Shiva – Appellant
Versus
Reserve Bank Of India: Jayanta Bandhopadhyaya – Respondent
Judgement Key Points
Based on the provided legal document, here are the key points regarding the interpretation of Section 6(a) of the Hindu Minority and Guardianship Act and Section 19(b) of the Guardian and Wards Act:
- Constitutionality and Gender Equality: The Supreme Court held that Section 6(a) of the Hindu Minority and Guardianship Act, 1956, and Section 19(b) of the Guardian and Wards Act, 1890, are not violative of Articles 14 and 15 of the Constitution. The Court rejected the argument that the word "after" in "the father, and after him, the mother" implies the mother becomes a natural guardian only after the father's death, as this would violate the principle of gender equality.
- Interpretation of the Word "After": The Court ruled that the word "after" in Section 6(a) does not necessarily mean "after the lifetime" of the father. Instead, it must be interpreted to mean "in the absence of" the father.
- Definition of Absence: A father is deemed "absent" for the purposes of the Act if he is not in actual charge of the minor's affairs due to:
- Indifference or apathy towards the minor.
- An agreement (oral or written) between the father and mother wherein the mother has exclusive care and custody.
- Physical or mental incapacity preventing him from taking care of the minor.
- Staying away from the place where the minor resides.
- Validity of Mother's Actions: In all the situations mentioned above, the mother can act as the natural guardian of the minor during the father's lifetime. Her actions are valid even if the father is alive, as he is deemed "absent" for the statutory purposes.
- Prospective Operation: The judgment clarified that it operates prospectively. It will not enable anyone to reopen past decisions or question the validity of transactions already rendered or concluded on the basis that the mother was not a natural guardian while the father was alive.
- Statutory Definitions: The Court emphasized that the definitions of "guardian" (Section 4(b)) and "natural guardian" (Section 4(c)) include both parents. The expression "natural guardian" refers to guardians mentioned in Section 6, and since both father and mother are listed, both are natural guardians unless the father is absent.
- Welfare of the Minor: The paramount consideration in guardianship matters is the welfare of the minor in the widest sense. The interpretation of the statute must align with the legislative intent to protect the minor's welfare and not result in gender discrimination.
- International Norms: The Court noted that the interpretation given effectuates the principles of international instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration, to which India is a signatory.
- Banking Implications: The Reserve Bank of India (RBI) was directed to formulate appropriate methodologies to accept applications filed by mothers as natural guardians when the father is alive but absent (as defined above), without insisting on the father's signature or a court order in such specific scenarios.
Judgment
Dr. A.S. Anand, CJI. : (For himself and M. Srinivasan, J.)-We have had the advantage of reading the draft judgment of our learned Brother Banerjee, J. While agreeing with the conclusion, we wish to add our own reasons.
2. The facts in W.P. (C) No. 489/95 are shortly as follows : The first petitioner is the wife of the second petitioner. The first petitioner is a writer and several of her books are said to have been published by Penguin. The second petitioner is a Medical Scientist in Jawaharlal Nehru University, New Delhi. They jointly applied to the Reserve Bank of India (first respondent on 10.12.1984 for 9 Relief Bonds in the name of their minor son Rishab Bailey for Rs. 20,000/-. They stated expressly that both of them agreed that the mother of the child, i.e., the first petitioner would act as the guardian of the minor for the purpose of investments made with the money held by their minor son. Accordingly, in the prescribed form of application, the first petitioner signed as the guardian of the minor. The first respondent replied to the petitioners advising them either to produce the application form signed by the father of the minor or a certificate of guardianship
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