Code
“The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 1890 (8 of 1890).”
— Section 2, The Hindu Minority and Guardianship Act, 1956
Explanation
Section 2 of the Hindu Minority and Guardianship Act, 1956, clarifies the legislative relationship between this Act and the pre-existing Guardians and Wards Act, 1890.
Key Takeaways:
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Supplementary Law: The Hindu Minority and Guardianship Act is meant to be read in conjunction with the Guardians and Wards Act, 1890.
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Non-Derogation Clause: It does not override or repeal the 1890 Act, unless expressly stated within the HMGA itself.
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Scope of Application: This provision ensures that both Acts operate harmoniously, especially in matters of guardianship among Hindus.
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Priority Clause: In case of a direct conflict where the Hindu Minority and Guardianship Act specifically provides otherwise, its provisions will prevail for Hindus.
In essence, the HMGA enriches and adds to the existing legal framework rather than replacing it outright.
Illustration
🔹 Example:
A court is determining the guardianship of a Hindu minor. It refers to both the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956.
📌 While the 1890 Act provides general procedural rules, the court must give priority to specific provisions in the HMGA if they apply, such as Sections 6 (natural guardians) or 13 (welfare of the minor).
Common Questions & Answers
Q1: What does “in addition to” mean in this context?
It means the provisions of this Act are meant to supplement — not replace — the Guardians and Wards Act, 1890.
Q2: Can both Acts apply at the same time?
Yes. In cases involving Hindu minors, both Acts can apply together unless there is a direct contradiction, in which case the HMGA takes precedence.
Q3: What happens if there’s a conflict between the two Acts?
The Hindu Minority and Guardianship Act will prevail only if it expressly provides contrary provisions.
Q4: Does this Act apply to non-Hindus?
No. The Hindu Minority and Guardianship Act specifically applies to Hindus. Non-Hindus would be governed primarily by the Guardians and Wards Act, 1890.
Conclusion
Section 2 establishes that the Hindu Minority and Guardianship Act, 1956, coexists with the Guardians and Wards Act, 1890. It serves to provide specific guardianship rules for Hindus without dismantling the broader legal foundation provided by the 1890 Act. This dual structure ensures comprehensive and community-sensitive guardianship laws in India
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