Code: Section 1 of the Hindu Minority and Guardianship Act, 1956
(1) This Act may be called the Hindu Minority and Guardianship Act, 1956.
(2) It extends to the whole of India¹ and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
¹ [Except the State of Jammu and Kashmir – omitted due to constitutional changes.]
Explanation of Section 1 HMGA
Section 1 of the Hindu Minority and Guardianship Act, 1956, introduces the Act and explains its scope:
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📌 Sub-section (1) gives the Act its short title — “The Hindu Minority and Guardianship Act, 1956”.
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📌 Sub-section (2) details the geographical extent of the Act. It applies to all of India and also extends its application to Hindus who are domiciled in India but currently living abroad.
Important to note: Originally, this Act did not apply to the State of Jammu and Kashmir due to its special status. However, following constitutional changes (notably the abrogation of Article 370), the law now applies to the entire country uniformly.
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Example 1: Hindu Parents in the UK
A Hindu couple, originally from Maharashtra and domiciled in India, are living temporarily in the UK. Their guardianship rights over their minor child are still governed by the Hindu Minority and Guardianship Act, 1956 — because the law applies to Hindus domiciled in India, even when they live abroad.
Common Questions and Answers
1. What is the full name of the Act?
The full name is “The Hindu Minority and Guardianship Act, 1956.”
2. Who does the Act apply to?
It applies to Hindus living in India, as well as those domiciled in India but living abroad. “Hindus” include Buddhists, Jains, and Sikhs under the broader legal definition.
3. Does it apply to Jammu and Kashmir?
Yes, post-2019 constitutional changes, all Central Acts including this one now apply to Jammu and Kashmir.
4. What is meant by ‘domiciled’ in this context?
‘Domiciled’ means having a permanent home in India, even if temporarily residing in another country. So, if you’re a Hindu with an Indian domicile, this Act applies to you regardless of your current location.
5. Does it apply to all religions?
No. This Act specifically applies to Hindus (including Buddhists, Jains, and Sikhs). Guardianship laws for Muslims and Christians are governed by their respective personal laws.
Conclusion
Section 1 of the Hindu Minority and Guardianship Act, 1956, sets the foundation for the rest of the legislation. It clarifies the applicability of the Act by defining who it applies to and where. By extending its reach to Hindus outside India who are domiciled in the country, the law ensures uniform guardianship rights and responsibilities.
For more in-depth analysis of Hindu Law, Guardianship rules, and related legal provisions, explore ApniLaw — your trusted legal knowledge partner.
