Friday, September 3, 2010

The Personal Laws (Amendment) Act, 2010

The President has assented to the Personal Laws (Amendment) Act, 2010 on 31st August, 2010 and it is published in the Gazette of India as Act 30 of 2010 on 1st September, 2010. The Act has amended the Guardians and Wards Act, 1890 and the Hindu Adoptions and Maintenance Act, 1956.

The Act is aimed at bringing gender equality in the matter of guardianship under the Guardians and Wards Act, 1890 and in the matter of giving in or taking in adoption a son or a daughter by father or mother under the Hindu Adoptions and Maintenance Act, 1956.
 

Guardians and Wards Act, 1890 & Hindu Minority and Guardianship Act, 1956 were amended to include mother as Guardian along with father


Earlier these laws incapacitated a married woman from taking in adoption merely on the basis of her marital status or curtailed the right of mother to give in adoption if father is alive or is of sound mind or has not renounced the world completely and finally. This was discriminatory in nature.

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