Bengaluru: The Ministry of Women and Child development is considering making mothers the natural guardian of a child, which according to the Hindu Minority and Guardianship Act of 1956 is held by the father.
The suggestion was made in front of an expert committee put together by the Ministry of External Affairs to probe issues regarding women married to non-resident Indians.
While it is a good suggestion says activists, according to a Supreme Court ruling in 1999, fathers do not have preferential rights over the mother in matters of guardianship.
“They are just making a hoot out of something that already exists. Yes, in spite of the judgment, fathers still are assumed to be the natural guardians, but it is not so,” argues Pramila Nesargi, a Bengaluru based lawyer.
“It is definitely a good suggestion. I think it is in the best interest of the child and the mother. Generally, the mother is the primary caregiver to a child. It is unfair that she does all the work and isn't even legally seen as the natural guardian,” said Donna Fernandes, founder of city based women's rights organization Vimochana.
Only under exceptional circumstances should the mother not be deemed as the natural guardian, she said, “If she is unfit to take care of the child, or is mentally disposed or violent, or is a substance abuser or alcoholic.”
However, Fernandes added that would be preferable if it wasn't passed as a law of the land and used as a guideline. “In my opinion, it is much better as a guideline to both parents rather than a strict law. It is always better if matters like child custody are resolved between the parents rather than adding a mediator or any type of mediation or external force,” she added.
“This has been our demand for a very long time. Though it is applicable even now, it would be a good idea to implement such a suggestion from the Ministry. It would act as an impetus to the women's rights movement,” said K.S. Vimala, state president for Akhila Bharata Janawadi Mahila Sanghatane.
