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6.
Section 32 of the Protection of Women and Girls
Ordinance, 1897, Ordinance No. 4 of 1897, had a curious
history in the five Women and Girls Ordinances enacted
between 1889, the year in which the section first
occurred, and 1897. The section began its career
innocently enough as section 6 of Ordinance No. 9 of
1887. That section provided that whenever the Registrar
General had reason to believe that any girl between six
and sixteen was in the custody of any person who had no
legal right to such custody, and that it was prejudical
to the interests of such child that she should continue
in such custody, he might apply to a judge in chambers
for a writ of habeas corpus, and that on the return of
that writ the judge might make such order respecting
the custody, etc, of the girl as he should deem best in
the interests of the girl. In order to give the judge
full power to act in the best interests of the girl, the
section went on to provide that in dealing with such
cases no parent who had voluntarily parted with the child
for the purpose of adoption or who had received money for
parting with the custody of the child for any other
purpose should be deemed to be entitled as of right to
the custody of the child. This section was repeated in
exactly the same terms as section 23 of Ordinance No. 19
of 1889.
Curiously enough, the section failed to appear
in the consolidating Women and Girls Protection Ordinance,
1890, Ordinance No. 11 of 1890. In the following year
an amending Ordinance was introduced, and it was explained
that the object of the bill was twofold, i.e., to make
certain emendments suggested by the Secretary of State, and
to correct some oversights or omissions in the Ordinance of
One of these oversights or omissions was the
1890.
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