Hindu Minority and Guardianship — Overview — Hindu Law (Family Law I) Notes

Hindu Minority and Guardianship — Overview

In Githa Hariharan v. Reserve Bank of India (1999), a Hindu mother applied to open a minor’s account in the Reserve Bank. The RBI refused, citing Section 6 of the Hindu Minority and Guardianship Act, 1956, which put the father first as natural guardian. The Supreme Court held that the mother can act as guardian in the father’s absence — and read Section 6 constitutionally to avoid gender discrimination. This case transformed the practical meaning of “natural guardian” for Hindu mothers.

What is a Minor?

Under Section 4(a), Hindu Minority and Guardianship Act, 1956 (HMGA): a minor is a person who has not completed the age of 18 years.

Under the Indian Majority Act, 1875: majority is attained at 18 years (or 21 if a guardian is appointed by a court).

What is a Guardian?

Section 4(b), HMGA 1956: “‘Guardian’ means a person having the care of the person of a minor or of his property, or of both his person and property.”

A guardian’s primary duty is to act in the best interests of the minor (welfare of the minor — the paramount consideration under S.13, HMGA).

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