 bill no 242 of  2016 the  guardians and wards  (amendment)  bill,  2016 bydr dharam vira gandhi, mp a billfurther to amend the guardians and wards act, 1890be  it enacted  by parliament in the sixty-seventh year of the republic of india as follows:—amendment of section 102  in section 10 of the guardians and wards act, 1890 (hereinafter referred to as the principal act), in sub-section (1), for clause (b), the following clause shall be substituted, namely:—5"(b) whether the minor is married and, if so, the name, religion, date of birth and ordinary residence of the spouse";amendment of section 193 in section 19 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) of a minor, who is a married and whose spouse is not, in the opinion of the court, unfit to be a guardian of the person of the minor, or"10amendment of section 214 in section 21 of the principal act, for the word "wife" at both the places, the word"spouse" shall be substitutedamendment of section 415 in seciton 41 of the principal act, in sub-section (1), for clauses (d) and (e), the following clauses shall be substituted, namely:—15"(d) by the marriage of the ward to a person who is not unfit to be guardian of the person of the ward or, if the guardian was appointed or declared by the court, by the marriage of the ward to a person who is not, in the opinion of the court, so unfit; or20(e) in the case of a ward whose father or mother was unfit to be guardian of the person of the ward, by the father or mother ceasing to be so or, if the father or mother was deemed by the court to be so unfit, by his or her ceasing to be so in the opinion of the court" statement  of  objects  and  reasonsthe guardians and wards act, 1890 establishes the  rights and duties of the guardian of a ward the responsibility of being a guardian under the act has been vested only to the husband or the father of a minor the wife or the mother of a minor also holds the capability to be the guardian of the minorin 1890, when the guardians and wards act was enacted, the provisions were well suited for the society however, with the passage of time, there has been an increased participation of women in every sphere of activities including acting as the head of the family and also as the sole parent of a minor keeping this in view, the law should not discriminate on the basis of sex while bestowing the title of guardianship of a minor the bill, therefore, seeks to amend the guardians and wards act, 1890 with a view to provide for the removal of discrimination based on gender which takes away the right of a guardianship from womenhence this billnew delhi;dharam vira gandhijuly 20, 2016 annexure extract from the guardians and wards act, 1890 (8 of 1890)       10(1)    form of application(a)    (b) where the minor is a female, whether she is married, and, if so, the name and age of her husband;       19  (a) of a minor who is a married female and whose husband is not, in the opinion of court unfit to be guardian of her person, or, guardian not to be appointed by the court in certain cases       capacity of minors to act as guardians21 a minor is in competent to act as guardian of any minor except his own wife or child or, where he is the managing member of an undivided hindu family, the wife or child of another minor member of that family        41 (1) the powers of a guardian of the person cease—(a)     cessation of authority of guardian(b)     (c)     (d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the court, by her marriage to a husband who is not, in the opinion of the court, so unfit; or(e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the court to be so unfit, by his ceasing to be so in the opinion of the court        lok  sabha————— a billfurther to amend the guardians and wards act, 1890—————(dr dharam vira gandhi, mp)gmgipmrnd—2647ls(s3)—19102016