Introduction of the Section 8
Section 8 of the Guardians and Wards Act, 1890, outlines who is entitled to apply to the court for an order concerning the guardianship of a minor. The section specifies that certain individuals or authorities have the right to apply for a guardianship order, ensuring that the court can consider relevant parties in the decision-making process regarding the welfare of the minor.
Text of Section 8
An order shall not be made under the last foregoing section except on the application of—
(a) the person desirous of being, or claiming to be, the guardian of the minor, or
(b) any relative or friend of the minor, or
(c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property, or
(d) the Collector having authority with respect to the class to which the minor belongs.
Simplified Explanation
Overview
Section 8 defines who has the legal standing to apply to the court for a guardianship order under the Guardians and Wards Act. The section lists four categories of persons who can initiate the application for the appointment of a guardian, ensuring that the court is approached by those with a direct interest or responsibility for the minor’s welfare.
Key Points of Section 8
- Person Desirous of Being Guardian: The individual who wishes to become the guardian of the minor, or claims to be the guardian, can apply for an order. This can include parents, relatives, or any other person interested in assuming guardianship.
- Relatives or Friends of the Minor: Close relatives or friends of the minor can apply for a guardianship order if they believe it is in the best interest of the minor. This provision allows those with a personal relationship to the minor to advocate for their welfare.
- Collector of the District or Local Area: The Collector, as the chief administrative officer of a district or local area, can apply for a guardianship order if the minor resides within that area or owns property there. This provision ensures that local authorities can act in the best interests of the minor, particularly in cases where other parties are not available to apply.
- Collector with Authority over the Minor’s Class: In cases where a minor belongs to a specific class or community (for example, a tribal group or other socially defined category), the Collector who has authority over that particular group can also apply for a guardianship order. This allows the legal framework to consider the specific needs of different communities or classes.
Purpose and Scope
The purpose of Section 8 is to ensure that the court has a broad set of potential applicants who can advocate for the welfare of the minor. By including a range of individuals and authorities who can apply, the section allows for multiple perspectives in the decision-making process. This provision ensures that the welfare of the minor is represented by those who are best placed to understand and act upon it, including family members, local authorities, and others with direct involvement.
Practical Impact
- Encourages Participation: Section 8 provides various avenues for individuals or groups to approach the court for a guardianship order. It ensures that both personal relations (like relatives or friends) and official bodies (like the Collector) can intervene if necessary.
- Welfare-Oriented Approach: The section prioritizes the welfare of the minor by allowing various stakeholders—who may be in the best position to protect the minor’s interests—to request a guardianship order.
- Local Authorities’ Role: The inclusion of the Collector ensures that the state or local government has a role in guardianship decisions, especially when other parties may not be available or willing to act. This can be crucial in cases where minors are orphaned or abandoned.
Examples:
- Example 1: A relative of a minor, who is concerned about the child’s welfare after the death of the parents, can file an application to the court to become the child’s guardian.
- Example 2: A close family friend of a minor who believes that the child’s current guardianship situation is not in the child’s best interest can file an application seeking a change of guardianship.
- Example 3: If a minor owns property in a certain district, the Collector of that district has the authority to apply to the court for the appointment of a guardian for the minor.
Conclusion
Section 8 of the Guardians and Wards Act, 1890, establishes who can apply to the court for an order related to the guardianship of a minor. By including a range of applicants—from potential guardians to local authorities—this section ensures that the welfare of the minor is properly considered from different perspectives. The section provides a flexible framework for guardianship applications, enabling the court to make decisions that best serve the minor’s interests.
