GUARDIANSHIP OF INFANTS (AMENDMENT) BILL

Order for Second Reading read.

2.35 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The existing Guardianship of Infants Ordinance (Chapter 16 of the Revised Edition), is based on the United Kingdom Guardianship of Infants Act, 1885, and is out of line with modern trends in family law, as exemplified, for example, in our Women's Charter, 1961, in that it gives the father a superior right to the mother in the matter of the guardianship and custody of children. The Ordinance applies to Muslims but would appear to be contrary to the Muslim law which, in this respect, gives equal rights to the father and the mother of the child; and in fact, in many cases, gives the mother a prior right to the care and the custody of very young children. It is, therefore, proposed to adopt the provisions of the more recent Guardianship of Infants Act, 1925, of the United Kingdom, which makes the welfare of the infant the paramount consideration in making orders for the guardianship and custody of children and gives the mother an equal right with the father in applying for such guardianship and custody.

This Bill will remove the discrimination against married women and will be in line with the resolution of the Economic and Social Council of the United Nations of 3rd August, 1955, which recommends that State members of the United Nations should take all necessary measures to ensure equality as between parents in the exercise of rights and duties with respect to their children.

Mr Speaker, Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. [Mr E. W. Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.