Welcome to SPN

Register and Join the most happening forum of Sikh community & intellectuals from around the world.

Sign Up Now!

India The Personal Laws (Amendment) Act, 2010

Discussion in 'Breaking News' started by rajneesh madhok, Sep 2, 2010.

  1. rajneesh madhok

    rajneesh madhok India
    Expand Collapse
    SPNer Contributor

    Joined:
    Jan 1, 2010
    Messages:
    516
    Likes Received:
    488
    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.

    Under Clause (b) section 19 of the Guardians and Wards Act, 1890, mother was not included as Guardian along with father. The Law Commission of India in its Eighty-third Report on “the Guardians and Wards Act, 1890 and certain provisions of the Hindu Minority and Guardianship Act, 1956”, vide paragraph 6.83, had inter alia recommended amendments in clause (b) of section 19 of the said Act to include mother along with the father for the purpose of removing the gender inequality. The recommendations has been accepted and implemented by the enactment.

    Clause (c) of section 8 of the Hindu Adoptions and Maintenance Act, 1956 incapacitates a married woman from taking in adoption merely on the basis of her marital status and is discriminatory in nature. Therefore, section 8 has been amended to give similar right to a female Hindu, irrespective of her marital status, as that of a male Hindu.

    Similarly, sub-section (2) and (3) of section 9 curtails 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. The rights of father and mother under sub-sections (2) and (3) are discriminatory in nature. Therefore, section 9 of the Hindu Adoptions and Maintenance Act, 1956 has been suitably amended to give similar right to a female Hindu.
    http://pib.nic.in/newsite/erelease.aspx?relid=65503

    Rajneesh Madhok
     
  2. Loading...

    Similar Threads Forum Date
    Health More personal stuff about anxiety Blogs Dec 11, 2015
    Personal Vs Impersonal Blogs Oct 21, 2015
    A Personal God Blogs Oct 17, 2015
    All I want for christmas is a personality Blogs Oct 16, 2015
    Personalities Blogs Oct 16, 2015

  3. Archived_Member16

    Archived_Member16
    Expand Collapse
    SPNer Contributor

    Joined:
    Jan 7, 2005
    Messages:
    3,451
    Likes Received:
    3,761
    Under the Provisions of "Hindu Marriage Act" of India it states:

    It applies to any person who is Hindu by religion and it is also applicable to Buddhists, Jains, and Sikhs as well as and the person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.

    Is it any different in The Personal Laws (Amendment) Act, 2010 ?
     

Share This Page