Section 2 of Hindu Minority and Guardianship Act
2. Act to be supplemental to Act 8 of 1890.— 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).
Final Thoughts
Introduction
The Hindu Minority and Guardianship Act, 1956 is a personal law that applies to Hindus and deals with the guardianship of minors. This law works alongside the older and more general law called the Guardians and Wards Act, 1890, which applies to all Hindu of India.
Meaning of Section 2
- “Shall be in addition to”: This means that the rules in the Hindu Minority and Guardianship Act will add to the existing rules in the Guardians and Wards Act, 1890. So, both Acts can be used together.
- “Not in derogation of”: This means it will not reduce or take away anything from the 1890 Act unless clearly mentioned.
- “Save as hereinafter expressly provided”: This part means that if this Act (1956) clearly says something different from the 1890 Act, then the new rule (from 1956 Act) will apply.
Purpose and Importance
The purpose of Section 2 is to make sure that:
- The Hindu personal law (1956 Act) works smoothly with the general law (1890 Act).
- If there is any conflict between the two laws, the 1956 Act will override only if it clearly says so.
- It ensures there is no confusion between the two Acts and gives special rules for Hindus without fully replacing the older law.
Example to Understand Better
Suppose the Guardians and Wards Act, 1890 says that the welfare of the child is most important in deciding guardianship.
Now, the Hindu Minority and Guardianship Act also says that the welfare of the minor is the main consideration (Section 13). So, both Acts agree, and they work together.
But if the Hindu Act says something specific, like the father is the natural guardian of a Hindu minor boy, and this is different from what the 1890 Act says, then the Hindu Act’s rule will apply — because it is expressly provided.
Conclusion
Section 2 of the Hindu Minority and Guardianship Act, 1956 is a clarifying provision. It explains that this Act is not replacing the Guardians and Wards Act, 1890. Instead, it gives special rules for Hindus that work alongside the general law. Only if there is a clear difference, the 1956 Act will apply for Hindus.