Adopted by all

In some of the debate that erupted during passage of the womens reservation bill in Rajya Sabha earlier this year,many political parties got in fact,earned some bad press for gender insensitivity. On Saturday,however,they were unanimous in clearing through Lok Sabha amendments to make the laws governing adoption and guardianship gender- neutral; the legislation had already been passed in Rajya Sabha.

The Personal Laws Amendment Bill makes changes in the Guardian and Wards Act 1890 that now make the mother,along with the father,fit to be appointed guardian of a minor. It also changes the Hindu Adoptions and Maintenance Act 1956 to allow married women the same rights as married men in adopting a child or putting up a child for adoption. There is much reform needed in our adoption and guardianship procedures,but the removal of gender bias is welcome. And long overdue,as was illustrated in Gita Hariharan vs Reserve Bank of India more than a decade ago,when the writer went to court to be allowed to make investments for a minor child.

The legislation is also a reminder of how the legislature has,since Independence,pushed the envelope to bring social reform on gender-related matters of inheritance,guardianship,marriage,etc though there have been enough back-downs. Sometimes the law has been an effective enough instrument say,on banning information on the gender of a foetus,where enforcement depends on local administration. But at least the law progressively lays down the norm. On the other hand,as the unanimity in Parliament on the Personal Laws Amendment Bill shows,in some ways the law is just catching up with changes in attitude. A thorough scrubbing down of the law books for other gender biases would be in order.