Guardians and Wards Act, 1890

This act is established in the year 1890. The main intention of this act is to
define the guardianship of the child. Parents are the real and natural
guardian of children but after the death of parents, grandparents or other
members of the family becomes the guardian of the children but they are
not considered as the natural parents of children. This act is applicable
when any couple adopts children and after some because of some reasons
they died then child responsibility comes over guardians so they can feed
their child or if they are not capable of adoption they can give their child
for adoption under this act. Guardians have full rights on the child-related
to the right to education, employment, etc.

Duties, Rights and Liabilities of Guardians

1. Fiduciary relation of guardian to ward- The Guardian and children

relation is considered as the fiduciary relation. This relation is for the
protection of will and other instruments. But the guardian cannot make
any profit in the will and property of children.

2. The capacity of minors to act as guardians- Minors is considered

incompetent so he or she cannot become the Guardian of the children. He
could be parents of his children but not a guardian.

3. Control of collector as guardian- if the Guardian is minor then the court

appoints the collector for the care and protection of children. The collector
is connected with the Guardian. The collector is paid by the government
officials.
4. Remuneration of Guardian- when an officer appoints any person for the
guardianship of children then that person’s duties towards children is
decided by the court.

Guardian of the Person

Title of guardian to custody of wards- if ward leaves or is removed from

the custody of a guardian of his person by the court then the welfare of the
ward is transferred to the guardian by making the order for his return by
the court and before the transfer of the ward to the guardian the ward gets
arrested.

Duties of guardian of the person- the duties and responsibilities are

charged to the guardian after the child is transferred to the guardian by
the court.

Removal of Ward from Jurisdiction- the guardian is appointed by the will

or another instrument by the court. If a guardian is adopted with the
permission of the court then the guardian should be removed from the
responsibility of children.

Guardian of property

Duties of guardian of property– child are transferred to the guardian with

some restrictions and bounds under the act. He can only do those acts
which are reasonable and proper for the realisation, protection or benefit of
the property.

Powers of testamentary guardian– When guardian adopt a child for the

care and protection of the child they have some limited powers on childlike
mortgage or charge, transfer by sale, gift, exchange, etc. guardian can
adopt a child with the help of the will or another instrument which are
legal. There are restrictions on the immovable property which belongs to
ward is subject to restrictions which may be imposed by the instrument,
unless they are declared guardian and the court which made the
declaration permits them by an order in writing to dispose of any
immovable property specified in the order in a manner permitted by the
order.

Limitation of powers of guardian of property appointed or declared by

the court– When the person is appointed as a guardian or collector by the
court for the protection of the child than he shall not without the previous
permission of the court mortgage or charge, transfer by sale, gift,
exchange, or otherwise, any part of the immovable property of his ward.

Other than he can lease any part of that property for a term exceeding five
years or for any term extending more than one year beyond the date on
which the ward will cease to be a minor.

Voidability of transfers made in contravention of section 28 or section

29– A disposal of immovable property by a guardian in contravention of
either of the two last foregoing sections is voidable at the instance of any
other person affected thereby.

Practice concerning for permitting transfers under section 29– This

section mentioned that the guardian has permission to do any acts which
are mentioned in this section but it is not granted by the court except in
case of necessity or for an evident advantage to the ward. The grant the
permission from the court, shall recite the necessity or advantage, as the
 case may describe the property with respect to which that act permitted is
to be done, specify such conditions, if any, as the court may see fit to
attach to the permission and it shall be recorded, dated and signed by the
judge of the court with his hand, or when from any cause he is prevented
from recording the order with his hand, shall be taken down in writing
from his dictation and be dated and signed by him. The court may in its
discretion attached to the permission the following among other
conditions.

1. That a sale shall not be completed without the sanction of the court.

2. When some people are specially appointed by the court then the sale shall
be made to the highest bidder by public auction before the court and the
time and place is specified by the court. After such proclamation of the
intended sale as the court subject to any rules made under this act by the
High Court.

3. That a lease shall not be made in consideration of a premium or shall be

made for such term of years and subject to such rents and covenants as
the court directs.

4. According to the court, direction guardian shall be paid to the court on

prescribed securities.
Variations of powers of guardian of property appointed or declared by
the court– if any guardian is appointed by the court and if such a
guardian is not the collector then the court may from time to time restrict
or extend his powers with respect to the property of the ward in such
manner and to such extent as it may consider being for the advantage of
the ward and consistent with the law to which the ward is subject.
 Right of guardian so appointed or declared to apply to the court for
opinion in management of property of ward– A guardian appointed or
declared by the court may apply by petition to the court which appointed
or declared him for its opinion, advice or direction on any present question
respecting the management or administration of the property of his ward.

The obligation on Guardian of property appointed or declared by the

court– Where a guardian of the property of ward has been appointed or
declared by the court and such guardian is not the collector than he shall:

 If a guardian is required to give the bound in the prescribed form to the

judge of the court to ensure the benefit the judge for the time being with or
without sureties for engaging duly to account for what he may receive in
respect of the property of the ward.

 A guardian is required to deliver to the court in every six months from the
date of his appointment or declaration by the court as the direction of the
court. The statement of the immovable property which belongs to the ward
related to money and other movable property which the guardian has
received on behalf of the ward up to the date of delivering the statement,
and of the debts due on the date to or from the ward.

 Guardian have to exhibit his account in front of court when court requires
and in such form as the court from time to time directs.

 A guardian has to pay the due balance from his account to the court if
court is required as the court directs.

 If the guardian apply for the maintenance, education, and advancement of

the ward and the ward is dependent on the guardian then such portion of
the income of the property of the ward as count from time to time directs,
and if the court directs, the whole or any part of that party.
Power to award remuneration for auditing accounts– when accounts are
exhibited by a guardian of the property of a ward in pursuance of a
requisition made under clause (c) of section 34 or otherwise, the court may
appoint a person to audit the accounts and may direct that remuneration
for the work be paid out of the income of the property.

Suit against guardian where administration-bond was taken– Where a

guardian appointed or declared by the court has given a bond duly to
account for what he may receive in respect of the property of his ward, the
court may on application made by petition and on being satisfied that the
engagement of the bond has not been kept, upon such terms as to
security, or providing that any money received be paid into the court, or
otherwise as the court thinks fit, assign the bond to some proper person,
who shall thereupon be entitled to sue on the bond in his own name as if
the bond had been originally given to him instead of to the judge of the
court, and shall be entitled to recover thereon, as trustee for the ward, in
respect of any breach thereof.

Suit against guardian where administration-bound was not taken–

Where a guardian appointed or declared by the court has not given a bond
as aforesaid, any person with the leave of the court, may, as next friend, at
anytime during the continuance of the minority of the ward, and upon
such terms as aforesaid, institute a suit against the guardian, or, in case of
his death, against his representative, for an account of what the guardian
has received in respect of the property of the ward, and may recover in the
suit, as trustee for the ward, such amount as may be found to be payable
by the guardian or his representative, as the case may be.

General liability of guardian as trustee– Nothing in either of the two last

foregoing sections shall be constructed to deprive a ward or his
representative of any remedy against his guardian, or the representative of
the guardian, which, not being expressly provided in either of those
sections, any other beneficiary or his representative would have against his
trustee or the representative of the trustee.

Termination of guardianship

Right of survivorship among joint guardians- On the death of one of two

or more joint guardians, the guardianship continues to the survivor or
survivors until a further appointment is made by the court.

Removal of guardian- The court may, on the application of any

person interested, or of its motion, remove a guardian appointed or
declared by the court, or guardian by the court, or a guardian
appointed by will or another instrument, for any of the following
causes namely:

1. For abuse of his trust.

2. For continued failure to perform the duties of his trust.

3. For incapacity to perform the duties of his trust.

4. For ill-treatment, or neglect to take proper care of his ward.

5. For contumacious disregard any provision of this act or of any order

of the court.
6. For conviction of an offence implying, in the opinion of the court, a defect
of character which unfits him to be the guardian of his ward.

7. For having an interest adverse to the faithful performance of his duties.

8. For ceasing to reside within the local limits of the jurisdiction of the court.

9. In case of a guardian of the property, of bankruptcy or insolvency.

Discharge of Guardian- If a guardian appointed or declared by the court
desires to resign his office, he may apply to the court to be discharged.

Christian law

“Christians have no Adoption Laws” because the personal law of these

communities does not recognize adoption and adoption can take place from
an orphanage by obtaining permission from the court under the Guardians
and Wards Act. if any Christians want to adopt a child then has to take
permission from the court under the Guardians and Wards Act. National
Commission on Women has stressed on the need for uniform adoption
law. With the help of the National Commission Christians can adopt a
child under foster care. If any child is adopted under foster care and when
he becomes major he can break all the connections with his family. This
type of child has no right of inheritance.

Case laws:

Philips Alfred Malvin vs V.J. Gonsalves

Facts of the case:

In this case, the court give the judgment that in spite of any absence of any
law or alleged existence of any custom enabling Christians to adopt a child,
the court legally recognised the validity of an adoption.

Uniform Civil Code for Adoption

If we talk about Personal Laws in Indian, all are codified to bring social
justice, equality among classes and uniformity. This personal law is simple
easy and it attempts to make personal faith. It applies to the particular
religion. In the case of Uniform Civil Code is also called UCC is a personal
lawmaking system that creates a system for adoption for different religions
with different rules and regulations. It makes the process of adoption
uniform and easy. If we talk about the past situation of the adoption our
forefathers do not know UCC but in the present situation, there is a choice
to include the provision for UCC to help the future government to
implement the law for adoption under UCC.

Conclusion

The only statute governing adoption in India is the Hindu Adoptions and
Maintenance Act or Juvenile Justice Care and Protection of Children
Act, 2000. The Juvenile Justice Act has provisions of adoption but in a
different context. HAMA has liberalised the law in several aspects like:

1. Clear religious bias

2. Hindu can only be adopted.

3. Hindu can take and give for adoption

The act has an interest in the care and protection of the child as well
as the welfare of the child. Since there is no provision to investigate
 and look into the suitability and antecedents of the family seeking to
adopt, nor any follow-up to ascertain how the child is being treated.
Other than that if a foreigner wishes to adopt a child in India he
cannot adopt under this act. He can adopt the child under guardian
and wards act for being appointed guardian of such a child, has to
seek court permission to take the child out of India. Moreover, under
this act, the rights which children get are very limited. They have no
inheritance rights. Similarly, those who adopt are only guardians and
no parents. There is a need for a uniform law on adoption. Thousands
of abandoned, orphaned and neglected children need families and
innumerable couples wish to adopt, but in the absence of satisfactory
legal provisions, the children remain homeless and people desiring to
adopt cannot adopt. All attempts to enact such laws are futile.

Inter-country Adoption

The Hindu Adoption and Maintenance Act applies only to the Hindus.
There is no law governing adoption by a different religion, nor is there any
statutory provision providing for the adoption of a child by foreigners living
abroad.

CARA

Definition of CARA

Central Adoption Authority is a statutory body of the Ministry of Women

and Child Development, Government of India. It functions as the nodal
body for the adoption of Indian children and is mandated to monitor and
regulate in-country and inter-country adoptions.
 CARA Adoption Guidelines and authorities for adoption in India

1. Photograph of the current family for adopting the child.

2. Pan card of the adoptive parents.

3. Birth certificate of adoptive parents.

4. Residence proof of adoptive parents.

5. Proof of income of the family.

6. Medical certificate from a medical practitioner.

7. Marriage certificate.

8. Divorce decree.

9. Reference letter from relatives in support of adoption.

10. Consent of the old siblings.

11. Home study report valid for 3 years only.

12. Parents should be declared legal.

13. Parents can file a suit against the adoption agency for the rejection
of adoption.

14. The appeal referred to in sub-regulation 14 shall be disposed of

within 15 days and the decision of the Authority in this regard shall be
binding.

State Adoption Resource Agency

Name of the
State Address
SARA

Andaman and
Directorate ofDirectorate of
 Social Welfare,
Golghar, Port
Nicobar
Social welfareBlair, South
Island
Andaman &
Nicobar Islands.

Government of
Andhra Pradesh
Women and
4th floor Jampani
Development
Andhra Towers, Lodge
and Child
Pradesh Center, Amravati
Welfare
Road, Guntoor
Department
Andhra Pradesh-
522006

Social Welfare
Department,
Government of
Women and
Arunachal
Arunachal Child
Pradesh post box
Pradesh Development
no- 227,
Department
Naharlaguan,
Arunachal
Pradesh.

Assam Social welfareState Child

department Protection
Society, house no-
 46, near Sarvey
Bus Stop, Beltola,
Guwahati-
781028

SARA, 2nd Floor

Apna ghar behind
Lalit Bhawan
Bihar SARA Bihar
Bailey Road
Punaichak,
Patna- 8000023

Union Territory
Child Protection
Department ofSociety, Near
Chandigarh
social welfare Vatika School,
Sector- 19B,
Chandigarh

ChhattisgarhDirectorate State Adoption

Women and Resources
Child Agency,
development Directorate of
department Women & Child
Development
Department, 2nd
floor, block A
Indrawati
 Bhawan, Atal
Nagar, Raipur-
492001
Chhattisgarh

Social Welfare
Department ICPS
SARA Dadar Unit 1st floor
Daman and
and nagar Government
Diu
Haveli Quarters, Dholar,
Moti, Daman-
396220

Department of
Women and Child
Development,
Dept. of ICPS unit 1st floor
Women and of Adharshila
Delhi
Child Observation Home
Development for Boys Sewa
Kutir Complex
Kingsway Camp,
Delhi – 110009

Goa Directorate ofDirectorate of

Women and Women & Child
Child Development, 2nd
Development Floor Old
 Education
Building 18th
June Road, Panji,
Goa 403001.

Gujarat State
Child Protection
Society
Government of
Gujarat, Block 19
Department of
Gujarat 3rd Floor, Dr.
Social Defence
Jivraj Mehta
Bhavan, Sector-
10/A,
Gandhinagar,
Gujarat-382010.

Women and Child

Development
Social JusticeDepartment,
and Government of
Haryana
EmpowermentHaryana, Bays
Department No. 15-20, Sector
4, Panchkula,
Haryana.

Jharkhand Social WelfareJharkhand State

Department Child Protection
 Society(JSCPS)
FFP Building, 3rd
Floor Room No
313, Dhurwa
Ranchi,
Jharkhand-
834004.

Specialised Adoption Agency

1. The parents responsibility towards children is to take care, protect them

and take care of their well-being and shall cater to their health needs,
emotional as well as psychological needs, educational and training needs,
leisure and recreational activities, protection from any kind of abuse,
neglect and exploitation, social mainstreaming and restoration or as the
case may be and follow-up.

2. The cases related to admission, restorations, transfers, death, and

adoption of children is to be reported in the institutions like Child Welfare
Committee, District Child Protection Unit, State Adoption Resource Agency
and the Authority through child Adoption Resource Information and
Guidance System. These are also the designated portal for child and police.

3. Status of the child orphan abandoned and surrendered child on the Child
Adoption Resources Information and Guidance System, is to be submitted
on the website www.cara.nic.in.
4. Certificates are issued of the children by the Child Welfare Committee to
declare the child legality free for adoption in Child Adoption Resource
Information and Guidance System within forty-eight hours from the receipt
of such certificate and must be uploaded.

5. Child study report must be prepared by the social worker and upload it in
Child Adoption Resource Information and Guidance System, within seven
days from the date, such children are declared legally free for adoption by
the Child Welfare Committee.

6. The medical tests of the child are to be submitted or uploaded in the Child
Adoption Resource Information and Guidance System as provided in
schedule IV and it is prepared in the home by the parents or orphanage.

7. Prepare individual care plan for each child in the following order:
restoration to the biological family or legal guardian, inter-country
adoption, foster care, and institutional care.

8. Album of the children is to be made after the adoption by the parents.

9. Make efforts to place each child in adoption, who has been declared legally
free for adoption by the Child Welfare Committee.

10. Ensure that siblings and twins are placed in the same family, as
possible.

Authorised Foreign Adoption Agency

1. Register the prospective adoptive parents interested to adopt children from

India and to complete their home study report.
2. Follow-up with Specialised Adoption Agency for ensuring early adoption
after receipt of No Objection Certificate for the Adoption from the
authority.

3. Give orientation to the prospective adoptive parents on culture, language,

and food of the place to which the adopted child belongs.

4. Ensure the submission of post-adoption follow-up of the progress of

adopted children and to address the cases of disruption, as specified in
regulation 19.

5. Arrange get-together of children of Indian origin and their adoptive families

from time to time with the involvement of the Indian diplomatic missions
concerned.

6. Facilitate root search by older adoptees.

7. Upload attested copies of the adoption application of the prospective

adoptive parents in the Child Adoption Resources Information and
Guidance System and forward the original of the same to the allotted
Specialised Adoption Agency.

8. Fulfill the legal requirements of the host country as well as the terms and
conditions of the authorisation given by the Authority.

District child protection unit

The district child protection is introduced by the Government of India in

the year 2009-10. The main aim to bring this Child Protection Unit:

 Bring some programs for child protection with some improved norms.

 Incorporate other interventions that aim to address issues that were so far
not covered by earlier schemes.
 Based on principles of protection of child rights and the best interest of the
child.

 Every District has a child protection unit.

 The district child protection unit is under the Chairperson of the

Chairperson.

 District Magistrate, District Child Protection Unit has been established in

District Panipat from July 2012.
The District Child Protection is set up by ICPS envisages in each district as
a fundamental unit for the implementation of the scheme. This unit is
under the chairperson of the chairperson. The District Magistrate is the
chairperson has been established in District Panipat from July 2012.

Name of Phone
Address
the office No

District District Child Protection

Child Unit Room No- 407, Fourth
0180-
ProtectionFloor Mini Secretariat, 2641574
unit Panipat

S.no Designation Name Phone no

District Programme Smt. 9896179209

Officer Cum MemberUsha
Secretary Arora
 District Child
Protection unit

Smt.
District Child
Nidhi 9255644002
2. Protection Officer
Gupta

Rights of Adopted Child in India

The child has all the rights, as well as the adopted child have all the rights
after adoption. The adopted child becomes legal as the normal child. This
is defined in the Hindu Succession Act, 1956. If the parents die without
making the will of the property then the property always goes to the Class-
1-heirs. An adopted children also have rights in the will of the parents.

Conditions for Adoption

According to the Hindu Law, below the age of 15 years if he/she is not
adopted previously. But if any child already gets adopted then he cannot
get adopted twice. In the Guardianship Law and the Juvenile Justice
Act, 2015, if any child is not Hindu and if he is above 18 years of age then
he/she can also be adopted. In other religions like Islam, Christianity,
Parsis and the Jews, if they want to adopt a child then they can adopt a
child under section 8 of Guardians and Wards Act because they have no
personal law for adoption. There are some rules and regulations for the
adoption which adoptive parents have to follow.

Conclusion
At last, I conclude this topic by saying that adoption of the child is the
biggest development process. Because of this process, the children who are
not legalised are to be legalised after the adoption and they also get all the
care and protection from their family. It also maintains the population of
the country. If we see, in India, orphanages are full of children, as they
have no parents to take care of them. Today many parents give birth to a
girl and throw it in the dustbin and don’t even think. This crime is
increasing day by day. In today’s generation also people don’t understand
the value of girl child after so high education. Half of the population of
children is alone they don’t have legal parents to take care of them.
Adoption is the best way to give them a good life. It also helps in
maintaining the population of the country. But new couples of our
generation are working in this matter by adopting the child and give them
a better life.