Githa Hariharan v Reserve Bank of India

Facts

• Githa Hariharan, a well-known author, sought to be recognised as the natural guardian of her minor son for the purpose of investing in relief bonds, without requiring her husband's signature or consent
• The Reserve Bank of India insisted the father's signature was necessary as he was, under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the natural guardian, the mother being guardian only "after" the father
• Githa Hariharan challenged this as discriminatory and violative of Articles 14 and 15 of the Constitution

Issue

1. Whether Section 6(a) of the Hindu Minority and Guardianship Act, by treating the father as the primary natural guardian and the mother as guardian only after him, is unconstitutional as discriminatory against women, and how the provision should be interpreted.

Held

• The Supreme Court held that the word "after" in Section 6(a) does not necessarily mean "after the lifetime of the father"; it can mean "in the absence of the father", whether by reason of his indifference, physical or mental incapacity, or by agreement between the parents
• Read this way, the mother can act as the natural guardian even during the father's lifetime, where circumstances warrant it, particularly where the father has not been actively involved in the care of the child
• This interpretation was adopted specifically to save the provision from unconstitutionality, applying the principle that statutes should be interpreted, where possible, in a manner consistent with fundamental rights (Articles 14 and 15) rather than struck down
• The Court thus avoided a direct constitutional invalidation while achieving a gender-just outcome

Ratio Decidendi

Statutory provisions on guardianship must be interpreted, wherever the language permits, in a manner that avoids gender discrimination and gives real effect to the welfare of the child; the word "after" in Section 6(a) HMGA refers to absence of the father in a functional sense, not merely his death, allowing mothers to act as natural guardians during the father's lifetime in appropriate circumstances.