FAMILY LAW-IGITHA HARIHARAN V. RESERVE BANK OF INDIAS SUBMITTED BY-HARPREET SINGH GUPTAI.D. NO. - 2054II YEAR BA, LL.B. (HONS.) DATE OF PRESENTATION - 10 AUGUST 2014 CONTENTS INTRODUCTION 3 RESEARCH METHODOLOGY 4 LEGAL POSITION BEFORE THE GITHA HARIHARAN CASE 5 RECOMMENDATIONS OF THE LAW COMMISSION 7 TOPICS RAISED 8 ANALYSIS OF THE JUDGMENT 9 LEGAL POSITION AFTER THE GITHA HARIHARAN CASE 10 CONCLUSION 11 INDEX OF AUTHORITIESLIST OF STATUTES1. Hindu Minorities and Protection Act, 1956.2. Guardians and Wards Act, 1890.MISCELLANEOUS1. The Constitution of India, 1950. LIST OF CASES1. Mrs. Githa Hariharan & Anr v. Reserve Bank Of India & Anr., (1999) 2 SCC 228 (Supreme Court of India).2. Panni Lal v. Rajinder Singh And Anr, 1993 SCR (3) 589 (Supreme Court of India).3. Narain Singh v. Sapurna Kuer and Ors., 1968 (16) BLJR 898 (Patna High Court).4. Jijabai Vithalrao Gajre v. Pathankhan & Ors, 1971 AIR 315 (Supreme Court of India).5. Alamelu Sockalingam v. V.Venkatachalam, 2012 (6) CTC 907 (Madras High Court).6. Jeyam v Minor Rejimoon and others, 2013 Indlaw MAD 1750 (Madras High Court).7. Anju Mehra v Union of India, [2013] 356 ITR 149 (Punjab and Haryana High Court).INTRODUCTIONWhile Article 14 of the Constitution of India provides for equality before the law and equal protection of the laws for all its citizens, there are still laws that clearly discriminate against women only on the basis of gender, which is a prohibited indicator under Article 15. In a society like India which praises motherhood, a mother was considered natural guardian only after the father and not he had the legal authority of the law to make decisions in favor of his minor children. The law of g...... middle of paper ......ms or at least can participate in the decision-making process. This interpretation adequately realizes the natural guardianship of the mother and her role in the decision-making process regarding the person and property of the child. The researcher believes that although it would have been ideal to repeal section 6 of the Hindu Minority and Guardianship Act and section 19 of the Guardian and Wards act, this judgment which has reinterpreted the word "after" in section 6(a) of the 'Hindu Minority and Guardianship act is a definite step in the positive direction. The researcher believes that this sentence is a first definitive step and now it is up to the legislator to modify this section so that there is no room for ambiguity, even in terms of interpretation, and that equality between father and mother is maintained in terms of natural protection in Hindu law.