In this article, we will not discuss laws related to authority, custody,
post-divorce arrangements, or determining who is fit to be a guardian. Instead,
we will focus on the duties and responsibilities shared between parents and
children, as well as the legal aspects of these obligations.
Hindu Minority and Guardianship Act, 1956: This Act governs the rights and
obligations of parents towards their minor children in matters of guardianship,
custody, and maintenance. It applies to Hindus, Buddhists, Jains, and Sikhs.
According to The Hindu Minority and Guardianship act,1956, section 8 clause 1.
The natural guardian(defined in section 6) to do all the acts which is necessary
or reasonable and proper for the benefit of the minor ( a person who has not
attained the age of 18) and for minor's estate, but the guardian can in no case
tie the minor for their personal mean.
Guardians and Wards Act, 1890: This Act applies to all Indian citizens,
irrespective of their religion, and deals with the appointment of guardians for
minors and their properties.
According to the guardians and wards act 1890 section 24 states that, ' duties
of guardian of the person, a guardian of a person of a ward is charged with the
custody of the ward and must look to his support, health and education and such
other matters as the law to which the ward is subject requires.'
Both laws ensure the proper maintenance of the child. This doesn't mean the
fulfilling every demand of the ward. If your ward ask to buy them a play station
and you disagree to do so, don't worry you won't be charged to any legal action.
The very next section 25(1) for the same act ensures you that if a ward leaves
or is removed from the custody of their legal guardian, the ward shall be
returned of the guardian, if only in the opinion of the court that the guardian
is fit for the minor.
Removal of the guardian can be ensured under the guardians and wards act 1890,
Juvenile Justice (Care and Protection of Children) Act, 2015
Juvenile Justice (Care and Protection of Children) Act, 2015:
Section 75. Punishment for cruelty to child:
Whoever, having the actual charge
of, or control over, a child, assaults, abandons, abuses, exposes or willfully
neglects the child or causes or procures the child to be assaulted, abandoned,
abused, exposed or neglected in a manner likely to cause such child unnecessary
mental or physical suffering, shall be punishable with imprisonment for a term
which may extend to three years or with fine of one lakh rupees or with both
Provided that if the biological parents abandon their child due to circumstances
which is beyond their control, than the punishment shall not be applied as the
abandonment was not willful.
Provided further that if such offence is committed by any person employed by or
managing an organization, which is entrusted with the care and protection of the
child, he shall be punished with rigorous imprisonment which may extend up to
five years, and fine which may extend up to five lakhs rupees: Provided also
that on account of the aforesaid cruelty, if the child is physically
incapacitated or develops a mental illness or is rendered mentally unfit to
perform regular tasks or has risk to life or limb, such person shall be
punishable with rigorous imprisonment, not less than three years but which may
be extended up to ten years and shall also be liable to fine of five lakhs
rupees.
Under Maintenance of wife, children and parents (section 125 of CrPC) provide
that if any person has sufficient means and refuse maintain his wife,
legitimate or illegitimate child, parents who are unable to do so shall be
charged accordingly. Procedure of Maintenance, Alternation Allowance,
Enforcement of Order of Maintenance are mentioned in section 126,127,128.
Responsibility
Both parents and children share a crucial bond that must not be neglected or
compromised by either party. The presumption of innocence, should extend beyond
the law and be recognized as a key distinction between adults and children.
Discipline for any ward or child should strictly adhere to legal boundaries.
It is essential to address the laws protecting children against domestic
violence, which includes mental and physical abuse. Such abuse can severely
damage a child's self-confidence and self-image. The challenge that it is
challenging to report such abuse to authorities, especially when the
perpetrators are their guardians .Many are unaware of these protective laws, and
even if they do report, the blame often falls unjustly on them. Elders
frequently justify physical harm as being for the child's benefit, but abuse
should never be considered a form of discipline.
Parents should seek assistance from professionals, such as psychiatrists, or
utilize resources provided by government websites to address these issues. Moral
education for children should be nurtured with care, not imposed through abuse.
By fostering a supportive and respectful environment, we can better protect the
well-being and development of our children.
Bibliography:
- Indian Kanoon - www.indiankanoon.org
- Drishti Judiciary - www.drishtiias.com
- Indian Code - www.indiacode.nic.in
- Juvenile Justice Act 2015 - www.indiacode.nic.in/handle/123456789/2159?view_type=browse&sam_handle=123456789/1362
- The Guardian and Wards Act 1890 - www.indiacode.nic.in/handle/123456789/2338?view_type=browse&sam_handle=123456789/1362
- The Hindu Minority and Guardianship Act 1956 - www.indiacode.nic.in/handle/123456789/1560?view_type=browse&sam_handle=123456789/1362
- CrPC 1973 - www.indiacode.nic.in/handle/123456789/1513?view_type=browse&sam_handle=123456789/1362
Please Drop Your Comments