Githa Hariharan v. Reserve Bank of India
The word 'after' in Section 6(a) HMGA means 'in the absence of' the father, not after his death; the mother is a natural guardian who can act during the father's lifetime.
Facts
A mother applied to the RBI for relief bonds in her minor son's name, signing as his guardian with the father's written concurrence; the RBI refused, insisting only the father was the natural guardian under Section 6(a) HMGA. In a connected petition, a mother estranged from her husband challenged the same provision. Both petitioners sought to strike down Section 6(a) HMGA and Section 19(b) GW Act as violative of Articles 14 and 15.
Issues
- Whether Section 6(a) HMGA, by making the mother a natural guardian only 'after' the father, violates the constitutional guarantee of gender equality.
- Whether the word 'after' must mean 'after the lifetime of' the father, or can be read down to mean 'in the absence of' the father.
Arguments
The petitioners (Indira Jaising) argued the provision relegated the mother to an inferior position solely on the ground of sex, violating Articles 14 and 15, and must be struck down. The RBI argued that under Section 6(a) the father is the sole natural guardian during his lifetime and the mother's application was rightly rejected.
Held
The Court upheld the validity of Section 6(a) by reading it down rather than striking it down, applying the principle that courts lean in favour of constitutionality. It held the word 'after' does not mean 'after the lifetime of the father' but 'in the absence of' the father — covering his death, indifference, mutual agreement, or physical/mental incapacity. In all such situations the mother can act as natural guardian even during the father's lifetime and her acts are valid. The interpretation was supported by the welfare-of-the-child principle, Jijabai Vithalrao Gajre, and India's obligations under CEDAW; the ruling was made prospective to protect past transactions.
Ratio decidendi
Section 6(a) HMGA must be construed so that the mother is a natural guardian equal to the father; 'after him' means 'in the absence of him' and the mother can validly act as natural guardian during the father's lifetime where he is absent, indifferent or incapacitated. Welfare of the minor is the paramount consideration.
Significance
A landmark gender-justice decision that harmonised Hindu guardianship law with the constitutional equality code and CEDAW without invalidating the statute. It remains the authoritative interpretation of natural guardianship under the HMGA and a leading example of reading down a personal-law provision to save its constitutionality.
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