By Binny Yadav
In a case that redefines what it means to be a family in modern India, the Bombay High Court has held that children placed under court-appointed legal guardianship cannot be denied institutional benefits available to dependents. The ruling came in response to the Bombay Presidency Golf Club’s refusal to recognise two legally guarded children as eligible for dependent membership under their aunt’s primary membership.
The Club argued that the children were neither biological nor legally adopted, and thus did not qualify under its rules. A lower court had upheld this interpretation. But Justice Arif S Doctor of the Bombay High Court found this rationale not just legally flawed, but also morally untenable.
“A ward would also, by virtue of a guardianship order, be dependent upon the guardian for their care and upbringing, in the same manner in which a biological child and/or an adopted child would be,” Justice Doctor wrote. “The position would be no different and would therefore also extend to all aspects of the child/ward’s life, including recreational and social activities, facilities, and privileges.”
By ruling that institutional policies cannot trump fundamental rights, the judgment expands the scope of Article 14 (equality before law) and Article 15(3) of the Constitution, which permits special protections for children. It also draws strength from Article 21, interpreted by courts as guaranteeing the right to life with dignity, and Directive Principles that call for protecting children from exploitation and neglect.
The verdict places particular emphasis on India’s commitment to the United Nations Convention on the Rights of the Child (UNCRC), especially its provisions on non-discrimination (Article 2), best interests of the child (Article 3), and protection of children deprived of family environment (Article 20).
THE CPCR ACT: INSTITUTIONAL ACCOUNTABILITY
The Court’s judgment echoes the Commission for Protection of Child Rights Act, 2005, which established the National Commission for Protection of Child Rights (NCPCR) as the national watchdog for child rights. The Act empowers the Commission to:
Review institutional compliance.
Act on complaints or initiate suo motu investigations.
Recommend policy harmonisation to ensure no child is excluded based on non-traditional family status.
With this ruling, the NCPCR is now well-positioned to frame guidelines ensuring legal guardianship is recognised across schools, clubs, housing societies, and other institutions.
GUARDING AGAINST MISUSE
The Court, however, implicitly acknowledges the potential for misuse of guardianship status to access institutional perks. To address this, experts have called for:
Mandatory certified guardianship orders.
Periodic judicial reviews of guardianship arrangements.
Creation of a centralised guardianship registry.
Institutional bylaw updates with embedded verification safeguards.
CONCLUSION: JUSTICE MEETS REALITY
This judgment is a quiet revolution. By placing the rights of children above institutional tradition or procedural rigidity, the Bombay High Court has reinforced a critical legal truth: family is not merely a biological or legal construct—it is a lived, nurturing relationship.
In recognising legal guardians as equal caregivers, the Court has brought Indian law into alignment with both constitutional promises and global child rights obligations. It’s a verdict rooted in empathy, driven by principle, and destined to serve as a touchstone for future cases involving non-traditional families.
—The writer is a New Delhi-based journalist, lawyer and trained mediator
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