The Guardians and Wards Act, 1890 (GWA) — Bare Act, All Sections & Free PDF
संरक्षक और वार्ड अधिनियम, 1890
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Overview
Enacted in 1890, the Guardians and Wards Act governs the appointment of guardians for minors in India. Its primary purpose is to protect the person and property of vulnerable children. Applicable nationwide across all religions, this crucial secular legislation provides the procedural framework for child custody, ensuring the overarching welfare of minors remains the paramount consideration in every judicial decision.
1890 में लागू, संरक्षक और वार्ड अधिनियम भारत में नाबालिगों के संरक्षकों की नियुक्ति नियंत्रित करता है। इसका उद्देश्य बच्चों के व्यक्ति और संपत्ति की रक्षा करना है। सभी धर्मों पर देशव्यापी लागू यह धर्मनिरपेक्ष कानून बाल अभिरक्षा हेतु विधिक ढांचा प्रदान करता है। यह सुनिश्चित करता है कि नाबालिगों की सर्वोच्च भलाई ही न्यायिक निर्णयों में प्रमुख विचार रहे।
What is GWA
The Guardians and Wards Act, 1890 is a comprehensive secular legislation in India that governs the appointment of legal guardians for minors. Officially enforced on March 1, 1890, this Act did not replace any specific prior statute but provided a universal procedural framework to consolidate laws regarding guardianship. Its primary objective is to protect the person and property of minors.
The Act explicitly empowers district courts to appoint guardians, strictly subject to the welfare of the child being the paramount consideration. It applies to all citizens regardless of religion, making it a crucial secular counterpart to personal laws.
By defining the powers, duties, and liabilities of guardians, and detailing the procedure for their appointment or removal, the Act ensures that vulnerable minors are legally protected from exploitation. It safeguards their financial assets and personal well-being, establishing a robust judicial mechanism to prioritize child welfare over parental or proprietary claims nationwide.
Sections (Showing 1 to 10 of 55)
Section 1 to Section 9 (10 Sections)
Title, extent and commencement.
(1) This Act may be called the Guardians and Wards Act, 1890. (2) It extends to the whole of India 1 ***, 2 * * * 3 *** (3) It shall come into force on the first day of July, 1890.
[Repealed.].
[ Repeal .] Rep. by the Repealing Act , 1938 (1 of 1938), s. 2 and the Schedule .
Saving of jurisdiction of Courts of Wards and Chartered High Courts.
This Act shall be read subject to every enactment heretofore or hereafter passed relating to any Court of Wards by 1 [any competent legislature, authority or person in 2 [any State...
Definitions.
In this Act, unless there is something repugnant in the subject or context,-- (1) "minor" means a person who, under the provisions of the Indian Majority Act, 1875, (9 of 1875) is ...
Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.
1 [ 4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers. —(1) The High Court may, by general or special order, empower an...
[Omitted.].
[ Power of parents to appoint in case of European British subjects. ] Omitted by the Part B States ( Laws ) Act , 1951 (3 of 1951), s . 3 and Schedule .
Saving of power to appoint in other cases.
In the case of a minor 1 ***, nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property, or both, which is vali...
Power of the Court to make order as to guardianship.
(1) where the Court is satisfied that it is for the welfare of a minor that an order should be made-- (a) appointing a guardian of his person or property, or both, or (b) declaring...
Persons entitled to apply for order.
An order shall not be made under the last foregoing section except on the application of— (a) the person desirous of being, or claiming to be, the guardian of the minor, or (b) any...
Court having jurisdiction to entertain application.
(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordin...
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Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.