Thursday 28 September 2023

What is the difference between provisions of Guardian and wards Act 1890 and Hindu minority and guardianship Act 1956?

 The Guardian and Wards 1890 is a secular act that applies to every citizen and communities of India while The Hindu Guardianship and Minorities Act of 1965 is applicable only to Hindus and subsets of Hindus such as Jains, Buddhists, Sikhs, Lingayat, Arya Samaj, Followers of Brahmo, Followers of Prarthana Samaj, and Virashiva.

Other religious communities such as Muslims, Parsis and Christians do not fall within the scope of this law. This law is added to the Law of Guardians and Wards of 1860 and does not replace the latter. GWA 1890 covers the procedure on how to petition courts for the appointment of a guardian.

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