NDLI: Githa Hariharan and Anr .. Vs. Reserve Bank of India and Anr.

Githa Hariharan and Anr .. Vs. Reserve Bank of India and Anr.

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Githa Hariharan and Anr .. Vs. Reserve Bank of India and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Minority and Guardianship Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Hindu Law: Hindu Minority and Guardianship Act, 1956 : Section 6(a) - Provided that mother had the right to become a natural guardian of a minor only 'after' the father - Discrimination on ground of sex alone - Constitutionality of - Mother and father of a minor jointly applied to the Reserve Bank of India (RBI) for opening a deposit account in the name of the minor - Mother, in agreement with the father, signed the application as the guardian of the minor - But RBI refused to accept the application on the ground that the mother, during the lifetime of the father, was not the natural guardian of the mother - Held, legislature is presumed to act in accordance with the Constitution - Hence, Section 6(a) can be construed in such a manner so as to retain it within constitutional limits - Moreover, if Ss. 4 and 6 of the HMG Act are construed harmoniously, the word 'after' means 'in the absence of' thereby referring to the father's absence from the care of the minor's property or person for any reason whatever - Hence, in such situations the mother can validly act as the natural guardian of the minor even during the lifetime of the father who is considered to be absent - Therefore, RBI was not right in refusing to accept the said application - However, this judgment is to operate prospectively - All organisations are directed to formulate appropriate methodology accordingly - Same decision to apply in respect of guardianship under S. 19(b) of the GW Act - Constitution of India, 1950, Arts, 14 and 15 - Guardians and Wards Act, 1890, S 19(b ) - Convention on the Elimination of All Forms of Discrimination Against Women, 1979 ("CEDAW') - Beijing Declaration. Section 2 - Scope and ambit of - Held, the law relating to minority and guardianship amongst Hindus is to be found not only in the old Hindu law as laid down by the smritis, shrutis and the commentaries as recognised by the Courts of law but also statutes applicable amongst others to Hindus viz., Guardian and Wards Act, 1890 and Indian Majority Act, 1875. Jurisprudence of - importance of - Held, Hindu law has shown no signs of decrepitude and it has its values and importance even today - However; certain parts of Hindu law is codified to give fruitful meaning and statutory sanction to the prevailing concept of law having due regard to the social and economic charges in the society. Constitution of India, 1950 : Article 51 - Scope of - Held, when there is no inconsistency between domestic and international laws, courts are obliged to give due regard to international conventions and norms while construing domestic laws. Interpretation of Statutes : Basic rules - Held, where two interpretations are possible the Court should lean in favour of the statutory provision. General rules - Held, narrow pedantic interpretation running counter to the constitutional mandate ought to be avoided always - if such interpretation departs from the legislative enactment, a wider debate is called for having due regard to contextual facts. Subsidiary rules - Presumptions - Held, validity of a legislation is to be presumed - Only in the event of gross violation of constitutional sanctions that the law courts would be within its jurisdiction to declare the legislative enactment to be an invalid piece of legislation and not otherwise.Internal aids - Definition clause - Scope of - Held, same meaning ought to be attributed to the same word used by the statute as per the definition Section. Words and Phrases : ''After" - Meaning of - In the context of S.6(a) of the Hindu Minority and Guardianship Act, 1956. "Guardian'' - Meaning of - In the context of S.4(b) of the Hindu Minority and Guardianship Act, 1956. "Natural Guardian '' - Meaning of - In the context of S.4(c) of the Hindu Minority and Guardianship Act, 1956.
Judge	Hon'ble Mr. Justice U.C. Banerjee
Neutral Citation	1999 INSC 66
Petitioner	Githa Hariharan And Anr ..
Respondent	Reserve Bank Of India And Anr.
SCR	[1999] 1 S.C.R. 669
Judgement Date	1999-02-17
Case Number	489

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