Author: Nagender Sharma
Publication: The Hindustan Times
Date: July 12, 2010
URL: http://www.hindustantimes.com/StoryPage/Print/570933.aspx
For the first time, women will be given the
same rights as men to guardianship and adoption of children, even if they
are single. A new law to make this effective appears set to become a reality
this year.
According to the existing law, in case a couple
wants to adopt a child, the father is the natural guardian. The proposed amendment
to the 120 year-old Guardians and Wards Act, 1890, includes the mother along
with the father to be appointed as a guardian, making the process gender neutral.
The parliamentary standing committee on law
and justice, which is examining the bill to amend the existing laws, is unanimous
in its acceptance of the Personal Laws (Amendment) Bill, 2010, introduced
in the Rajya Sabha in April.
"The bill provides for the mother to
be appointed as a guardian along with the father so that the courts don't
appoint anyone else, in case the father ceases to exist," said Law Minister
M Veerappa Moily.
Noted constitutional expert Rajeev Dhavan
said once this law comes into existence, mothers would have equal rights as
that of the father.
"She would be responsible even as a trustee
of the property, in case the minor child inherits his or her share of the
property," he said.
The second amendment, proposed in the Hindu
Adoption Maintenance Act, 1956, aims to remove hurdles in the way of a married
woman to adopt and give a child for adoption, based only on her marital status.
Presently, unmarried and divorced women, as
also widows are allowed to adopt, but women separated from their husbands
and engaged in divorce battles, cannot adopt a child.
The new amendment would allow married single
women to adopt with the consent of her husband till the divorce proceedings
are completed.
