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A Litigator
A Litigator
A litigator
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Summary of the Judgement of Ms. Githa Hariharan & Anr vs Reserve Bank Of India & Anr by chat
gpt
The case of Ms. Githa Hariharan & Anr vs Reserve Bank Of India & Anr, decided on 17th February 1999
by the Supreme Court of India, involved a challenge to the validity of Section 6 of the Hindu Minority and
Guardianship Act of 1956. The petitioners argued that this section, which designates the father as the
natural guardian of a Hindu minor, with the mother being recognized only after the father, was
discriminatory towards women and violated constitutional principles of gender equality.
The court discussed the historical context of guardianship laws in Hindu personal law and emphasized the
importance of the welfare of the child as the paramount consideration. It highlighted the need to interpret
the law in a manner that upholds gender equality and serves the best interests of the child.
Ultimately, the court interpreted the word 'after' in Section 6 to mean that the mother could act as a natural
guardian in the absence of the father, whether due to temporary circumstances, apathy, or incapacity. The
court directed the Reserve Bank authorities to adjust their procedures accordingly and disposed of the writ
petitions without any costs.
In summary, the Supreme Court upheld the importance of gender equality and the welfare of the child in
guardianship matters, providing a nuanced interpretation of the law to align with these principles.