Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228

Quick Summary

This case asked if a mother can be the natural guardian of a minor when the father is incapable or indifferent. The Supreme Court read the word “after” in Section 6 HMGA as “in the absence of”, not only after the father’s death.

The Court upheld the law by giving it a welfare-based, equality-friendly interpretation aligned with Articles 14 & 15 and CEDAW. RBI was asked to process the bonds accordingly.

Issues

• Can the mother act as the natural guardian when the father is incapable or indifferent under Section 6 HMGA?
• Is Section 6 HMGA (read with Section 19 GWA) violative of Articles 14 and 15 of the Constitution?

Rules

• Section 6(a), HMGA 1956: Natural guardians of a Hindu minor—father, and after him, the mother (subject to exceptions).
• Section 4(b), HMGA 1956: Definition of guardian.
• Section 19, Guardians and Wards Act: When court may not appoint a guardian if a fit parent exists.
• Articles 14 & 15, Constitution: Equality and non-discrimination.
• CEDAW & Beijing Declaration: International duty to prevent gender discrimination.

Arguments

Judgment

Held: The word “after” in Section 6 HMGA means “in the absence of”—including incapacity, apathy, or indifference—not only after the father’s death. A mother can be the natural guardian in such situations.

The Court used a welfare-centric and equality-consistent reading; it did not strike down Section 6. RBI was directed to adopt proper methods to issue the bonds.

Ratio Decidendi

• Meaning of “after”: Read as “in the absence of” to serve child welfare and equality.
• Mother’s authority: Valid when the father is mentally/physically incapable or shows total apathy.
• Constitutional harmony: A welfare-based interpretation aligns Section 6 with Arts. 14 & 15 and CEDAW.

Why It Matters

This ruling modernised guardianship law without striking the statute. It centres child welfare, supports gender equality, and guides banks and courts on recognising a mother as natural guardian when appropriate.

Key Takeaways

• “After” in Section 6 HMGA = “in the absence of”, not only post-death.
• Mother can be natural guardian if the father is incapable or indifferent.
• Child’s welfare and equality drive interpretation; Section 6 is upheld.

Mnemonic + 3-Step Hook

Mnemonic: “AFTER = ABSENCE”

1. Rule: Section 6 says father, then mother—but read as absence.
2. Fact: Father incapable/apathetic → mother steps in.
3. Result: Mother valid guardian; law upheld.

IRAC Outline

Glossary

Natural Guardian

Parent legally responsible for a minor’s person/property.

In the Absence Of

Not only death—also incapacity, apathy, or indifference.

Child Welfare

Best interests of the child—guiding test in guardianship.

FAQs

Related Cases