The Guardians and Wards Act of 1890 deals with the guardianship and regulating the custody of childrens in Bangladesh. Here children include “minor” means a person who, under the provisions of the Majority Act, 1875 is to be deemed not to have attained his majority.
This specific Act and its provision’s main goal is to ensure the mode of custody of children or minors to their legal guardians. Generally, a legal guardian is a person who is not a biological parent of the child. But legally bound to all the responsibilities and duties a parent can exercise.
In Bangladesh “guardian” means a person having the care of the person of a minor or his property, or of both his person and property [section 4(2) of the Guardianship Act.] Accordingly, ‘Legal Guardian’ means a person who has been declared or appointed as a guardian by a court to take care of the interest of a minor.
This Act has been divided into 4 chapters. Chapter 01: Section: – (1-4 A) The first chapter deals with preliminary matters such as Title, extent, definition, commencement, and Power to confer jurisdiction on subordinate, judicial officers and to transfer proceedings to such officers.
Chapter 02: Section: – (5-19) The Second chapter deals with the appointment and declaration of guardians. An order shall not be made under the last foregoing section except on the application of-
- the person desirous of being, or claiming to be, the guardian of the minor, or
- any relative or friend of the minor, or
- the Collector of the district or other local area within which the minor ordinarily resides or in which he has property, or
- the Collector having authority concerning the class to which the minor
Only the District Court who have the jurisdiction to try the issue will accept the application of such guardianship.
Chapter 03: of the following Act Section: – (20-42) deals with matters of a general character, such as the fiduciary relationship of the guardian to his ward, the capacity of minors to act as guardians, the enumeration of guardians and control of the Collector when he is appointed as a Guardian.
Here section 25 deals with the restoration of the custody of the Ward to the Guardian. This is the section most frequently resorted to in practice, and as expected, case law in this section is prolific. The guardianship of property has been mentioned in Section: – 27 to Section: -37 of the Act.
Termination of guardianship is another important provision of this Act (Section: -8-Section: -42) which’s shows the grounds of removal and discharge of guardianship.
Chapter: – 04 The last chapter of this Act is all about the Supplemental Provisions, which include Orders for regulating the conduct or proceedings of guardians, and enforcement of those orders, appealable orders, costs, and the power of the High Court Division to make orders.
Sections 25A–26 mostly deal with the transfer of cases, stay proceedings by High Court and District Courts, and Power to make Rules.
In Bangladesh, the Guardian and Wards Act plays a pivotal role in protecting the interests and rights of the minor. And also ensures the most responsible individuals for a better welfare of the child and the protection of the fundamental rights of the minor.
Author –
Shariful Islam Asif
Advocacy Legal, Dhaka, Bangladesh.