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How do unamended guardianship laws undermine the reproductive autonomy of child brides?

The article analyzes how the failure to harmonize laws leads to the creation of a legal loophole that abusers can exploit to undermine the reproductive autonomy of child brides. Further, the article examines the significance of guardianship laws when viewed through the lens of Constitutional provisions and International Conventions.

Shreya Arey

26 August 2026

INTRODUCTION

Contemporary family laws face friction in balancing cultural traditions and enforcing the individual rights of citizens. The Parliament aims to reduce this friction by enacting statutes that bridge this gap. However, family law is a sensitive area due to the influence of cultures and traditions. Hence, it takes a long time for Parliament to enact new laws, leading to the family-law statutory codes remaining unamended and outdated.

This article analyzes an under-researched statutory friction between certain sections of Guardianship laws such as Section 6 (c) of the Hindu Minority and Guardianship Act, 1956; Section 19 (a) of the Guardians and Wards Act, 1890; Muslim personal laws; and modern public health regulations such as the Medical Termination of Pregnancy Act, 1971 and the National Medical Commission guidelines. The article analyzes how the failure to harmonize laws leads to the creation of a legal loophole that abusers can exploit to undermine the reproductive autonomy of child brides. Further, the article examines the significance of guardianship laws when viewed through the lens of Constitutional provisions and International Conventions. The article concludes by explaining how the courts address such loopholes and what steps the government must take to remove this friction completely.

THE LEGAL LOOPHOLE

To understand the loophole, we must look at the statutes governing minors' rights in guardianship statutes.

  • According to Section 6 (c) of the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor, if she is a married girl, is her husband. This transfer of guardianship is absolute, written, and immediate.
  • As per Section 19 (a) of the Guardians and Wards Act, 1890, the court does not have the authority to appoint or declare a guardian for a married minor girl if her husband is alive and not unfit to be her guardian. This provision creates a statutory conflict. Under the criminal law, child marriage is penalized; however, under the civil law, the parents of the child bride, being her natural guardians, cannot be appointed as her guardians because she is married.
  • Under Shariat Muslim Law, the husband does not become the legal guardian of a child bride. The legal guardianship remains with the biological father. Once the minor attains puberty, the husband becomes entitled to her custody (Hizanat) and person.
  • Under Christian and Parsi laws, there are no statutes specifically addressing guardianship of minors. Hence, they are governed according to Section 19 (a) of the Guardians and Wards Act, 1890.

Due to variations in personal laws, a minor's safety is dependent on her religion.

INTERACTION WITH PUBLIC HEALTHCARE

The consequences of the legal loophole occur within public healthcare facilities and reproductive clinics. For undergoing any medical treatment such as surgery, the minor cannot consent to it; hence, a signature of a parent or the legal guardian is mandatory.

  • As per Section 3(4)(a) of the Medical Termination of Pregnancy Act, the pregnancy of a woman who has not attained the age of eighteen years cannot be terminated except with the written consent of her guardian. The Act defines a guardian as a person having the care of the person of a minor. Section 6 (c) of the Hindu Minority and Guardianship Act explicitly states that the husband is the natural guardian of the minor girl; hence, the hospital boards face a problem in decision-making. If a 15-year-old seeks an abortion due to severe physical and mental health risks or her personal choice, and the husband wants a child, then the hospital cannot take the minor's consent because the law considers the husband a natural guardian; hence, his consent shall prevail. The minor shall be forced to undergo an unsafe pregnancy.
  • Doctors and hospital management are obligated to operate as per the guidelines issued by the National Medical Commission. If a doctor performs an emergency surgery for termination of pregnancy on a minor married girl only with the consent of her biological parents, then the doctor can face serious legal repercussions. The adult husband can file a case against the hospital on the grounds that his rights have been violated under Section 6 of the Hindu Minority and Guardianship Act, and the hospital has not followed medical procedure according to the guidelines.

CONSTITUTIONAL PROVISIONS AND INTERNATIONAL CONVENTIONS

  • Article 21 of the Constitution, which guarantees citizens the Right to Life and Personal Liberty, also guarantees the right to reproductive choice and bodily autonomy. In the landmark judgment, Suchita Srivastava v. Chandigarh Administration (2009), the Supreme Court held that a woman's right to make decisions about her reproductive autonomy is an integral part of her personal liberty, which cannot be restricted unless there is a medical emergency. In K.S Puttaswamy v. Union of India (2017), the Court ruled that reproductive autonomy and bodily privacy are fundamental constitutional rights. Hence, granting guardianship rights of a minor girl to her adult husband is a clear violation of the minor's fundamental rights.
  • Section 6 (c) of the Hindu Minority and Guardianship Act and Section 19 (a) of the Guardians and Wards Act also violate rights under Article 14 and Article 15, which guarantee the Right to Equality and the Right against Discrimination on the grounds of sex, respectively. The law marks a distinction between a minor unmarried girl who remains under the protection of her biological parents, being her natural guardians, and a minor married girl whose guardianship is transferred to the adult husband, who can be an abuser.
  • India is a member of international conventions such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). According to Article 16 of CEDAW, member nations must take measures to eliminate discrimination against women in family relations. India is in breach of its international commitments by not amending laws that create loopholes for the exploitation of minor brides.

CONTRIBUTION OF COURTS

  • In the landmark case, Independent Thought v. Union of India (2017), the Supreme Court held that sexual intercourse with a minor wife under the age of 18 years constitutes rape. This judgment was a milestone for child protection under the criminal law; however, it did not recognize the statutory conflict with Section 6 (c) and Section 19 (a) of the Hindu Minority and Guardianship Act and the Guardians and Wards Act, respectively. Thus, the husband remained the minor's legal guardian on paper.
  • Recently, the Supreme Court highlighted the statutory friction that child marriages are illegal, yet they are preserved under family laws. The Court also emphasized that the Judiciary's role is limited to the interpretation of laws; it cannot amend or rewrite laws. It is the duty of Parliament to enact laws and regulations to bridge this dangerous gap in the legal system. In exceptional cases, the High Courts may address this loophole case by case; however, there must be a permanent solution for stopping this exploitation at the roots.
  • The limitation of High Courts was examined in April 2026, when a Supreme Court bench led by Chief Justice Surya Kant ruled that a minor cannot be forced to become a mother, as it is against her right to reproductive autonomy under Article 21 of the Constitution, and no court can compel her to carry a pregnancy to full term against her will. This ruling occurred because the minor's parents had the resources to approach the Supreme Court and challenge the rules under the Medical Termination of Pregnancy Act. As Section 6 (c) of the Hindu Minority and Guardianship Act and other similar provisions have not been repealed by the legislature, a child bride cannot immediately access her rights as per this 2026 ruling. Further, doctors and hospital boards cannot refer to the court rulings; they must follow the procedure explicitly provided in the guidelines. Hence, there is an urgent need for amendment of the guardianship statutes in the context of child brides.

THE PATH FORWARD

  • The Parliament must harmonize the personal laws and healthcare regulations in the context of child brides by passing a bill which addresses this statutory conflict and creates a balance between personal laws and medical laws.
  • Section 6 (c) of the Hindu Minority and Guardianship Act and Section 19 (a) of the Guardians and Wards Act must be repealed and replaced, with rights being granted to the biological parents of the child bride for her protection until she attains the age of 18 years.
  • The National Medical Commission guidelines can include exceptions for minor married girls with thorough verification of the adult husband giving consent on behalf of the child bride. Hospitals should reject a husband's signature for any minor patient and only accept the approval of her parents or certified medical boards.
  • The above changes are the need of the hour. Unamended and outdated laws must be altered according to the changing societal conditions.
  • When a concrete statute is enacted, it is binding in the entire territory of India. Hence, a law must be enacted to remove this statutory conflict and promote harmonization of laws to protect the vulnerable sections of society by upholding the principles of the Constitution.

CONCLUSION

The current scenario of Indian marriage and guardianship laws consists of a structural defect. It is a system which penalizes child marriage under the criminal law but permits the appointment of the adult husband to be the legal guardian of the minor bride under the civil law. Parliament must address this statutory loophole by enacting legislation that shall guarantee child brides their fundamental right to reproductive autonomy by harmonizing guardianship laws and public healthcare guidelines. Enacting a law is a complex, time- consuming process, and after a law is enacted, it takes more time to become effective. Further, this process is delayed as the actual implementation of the law by citizens and hospitals is also time-consuming. Therefore, this issue must be solved by Parliament at the earliest.

REFERENCES

  • Legislations
  1. The Prohibition of Child Marriage Act, 2006, § 3, No. 6, Acts of Parliament, 2007 (India).
  2. The Hindu Minority and Guardianship Act, 1956, § 6(c), No. 32, Acts of Parliament, 1956 (India).
  3. The Guardians and Wards Act, 1890, § 19(a), No. 8, Acts of Governor General of India in Council, 1890 (India).
  4. The Medical Termination of Pregnancy Act, 1971, § 3(4)(a), No. 34, Acts of Parliament, 1971 (India).
  5. India Const. art. 14.
  6. India Const. art. 15.
  7. India Const. art. 21.
  • Case Laws
  1. Suchita Srivastava v. Chandigarh Administration, (2009) 9 S.C.C. 1 (India).
  2. K.S. Puttaswamy v. Union of India, (2017) 10 S.C.C. 1 (India).
  3. Independent Thought v. Union of India, (2017) 10 S.C.C. 800 (India).
  • International Conventions
  1. Convention on the Elimination of All Forms of Discrimination Against Women, art. 12, 16, opened for signature Dec. 18, 1979, 1249 U.N.T.S. 13 (ratified by India on June 9, 1993).
  2. Convention on the Rights of the Child, art. 5, opened for signature Nov. 20, 1989, 1577 U.N.T.S. 3 (ratified by India on Dec. 11, 1992).
  • Journals & Legal Platforms
  1. Editorial, Guardianship under Hindu Family Law Framework: Analysis from a Gendered Perspective, The Leaflet (July 14, 2022), https://theleaflet.in.
  2. Girls Not Brides, The Impact of the Law on Child Marriage and Girls' Rights: A Global Statutory Assessment, Global Policy Series No. 142 (2024).
  3. Aarav Sharma & Ananya Rao, Child-Marriage Prevention, Adult Choice and Reproductive-Health Access: The Structural Paradox of Voidable Contracts (SSRN Research Paper Series, Feb. 11, 2026), https://ssrn.com.
  4. Shreya Mishra, The Legal Paradox of Child Marriage in India: Reconciling Personal Laws and Statutory Prohibitions, Record of Law (Mar. 2, 2026), https://recordoflaw.in.
  • Media Reports
  1. Editorial, Women, Married or Unmarried Have the Right to Safe & Legal Abortion: SC, Sabrang India (Sept. 29, 2022), https://sabrangindia.in/women-married-or-unmarried-have-right-safe-legal-abortion-sc.
  2. Unveiling the Harsh Truth of Child Marriage in India: How Statutory Loopholes Defeat Reform, Sabrang India (July 10, 2023), https://sabrangindia.in/unveiling-the-harsh-truth-of-child-marriage-in-india/.
  3. The Ground Reality of Obstetric Consent: Institutional Failures in Minor Healthcare and the Enforcement of Spousal Domination, Dainik Bhaskar (May 14, 2025).