Introduction of the Section 6
Section 6 of the Guardians and Wards Act, 1890, ensures that the Act does not interfere with or override other existing legal provisions related to the appointment of guardians for minors. It clarifies that the power to appoint a guardian remains intact, even if the minor is subject to other laws beyond this specific Act.
Text of Section 6
In the case of a minor ***, nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property, or both, which is valid by the law to which the minor is subject.
- The words “who is not an European British subject” omitted by Act 3 of 1951, s. 3 and the Schedule.
Simplified Explanation
Overview
Section 6 acknowledges that while the Guardians and Wards Act provides a framework for appointing guardians, it does not negate or limit the authority of other laws that may grant the power to appoint a guardian. This ensures that if a minor is subject to other legal provisions (for example, personal laws of different communities or jurisdictions), those laws can still apply in matters of guardianship.
Key Points of Section 6
- Saving of Powers: The section emphasizes that the Guardians and Wards Act does not take away the power to appoint a guardian if such authority exists under any other applicable law.
- Applicable to All Minors: This provision applies universally to all minors, regardless of their background or the legal system they are governed by. It includes minors subject to personal laws or laws outside the scope of this Act.
- Legal Continuity: Even if guardianship appointments are made under different laws (such as religious or customary laws), those appointments remain valid.
Purpose and Scope
The purpose of Section 6 is to avoid any conflict between the Guardians and Wards Act and other existing laws concerning guardianship. It ensures that the appointment of a guardian under other legal frameworks is not invalidated by the provisions of this Act. The section provides a safeguard, ensuring the continuity of legal practices and avoiding overlapping legal jurisdictions.
Practical Impact
This provision preserves the flexibility and authority of other laws related to guardianship, allowing for diverse guardianship practices based on the specific legal systems governing the minor. For example:
- If a minor is governed by personal laws (such as Hindu law, Muslim law, etc.), this section ensures that guardians appointed under those laws continue to be valid.
- In cases where a minor is subject to different legal systems (e.g., a child of an international family), the appointment of a guardian under another legal system will not be invalidated by the Guardians and Wards Act.
Examples:
- Example 1: A minor is a Muslim, and under Islamic law, a guardian has been appointed for the minor. The provisions of the Guardians and Wards Act will not interfere with the validity of the guardian’s appointment under Islamic law.
- Example 2: A Hindu minor is governed by Hindu personal law regarding guardianship. The appointment of a guardian under Hindu law will remain valid, even though the Guardians and Wards Act also provides provisions for guardianship.
- Example 3: An Indian minor, whose parents are foreign nationals, may be governed by the guardianship laws of their parent’s country. Under Section 6, the guardianship appointment made by the foreign legal system will not be overridden by the Guardians and Wards Act.
Conclusion
Section 6 of the Guardians and Wards Act, 1890, ensures that the powers to appoint a guardian under other applicable laws remain unaffected by the provisions of this Act. This safeguard provides legal continuity and respects the diversity of legal frameworks that may govern a minor, particularly in a multi-jurisdictional and pluralistic society like India.
