In a significant ruling, the Kerala High Court has held that father's name in a birth certificate is not mandatory and only mother's name alone is fine.
The single-judge bench of Justice P. V Kunhikrishnan observed that a child of an unwed mother is also a citizen of our country, and nobody can infringe any of his/her fundamental rights, which are guaranteed in our Constitution.
While delivering the ruling, the Court took inspiration from ancient mythology, Mahabharatha wherein the character of Karan faced similar kind of agony as his single-mother Kunti abondoned him due to social stigmas.
"It is the right of a person to include his mother's name alone in the birth certificate, identity certificates and other documents," the Court ruled.
It thus opined that there are children of rape victims and children of unwed mothers in this country and their right of privacy, dignity and liberty cannot be curtailed by any authority.
The Court at the outset noted that this is a sad story of a mother and her son and remarked that child of an unwed mother is a son/daughter of not only the unwed mother but this great country "India."
It has called for eradication of the word 'bastard' and want the country to function in a way there will be no example to cite for the same.
"The children of unwed mothers and the children of raped victim can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the constitutional Court of this country will protect their fundamental rights."
Noting that Apex Court has held that a woman's reproductive choice is a fundamental right and compassed the same under Article 21 of the Constitution of India and things should tune in with the SC ruling, the Court cited Suchita Srivastava and Another v. Chandigarh Administration,
The Court after analysing the relevant statutes and dicussing them in detail went to refer to a Supreme Court ruling wherein it considered the legal conundrum as to whether it is imperative for an unwed mother to specifically notify that the putative father of the child to whom she has given birth to in her petition for appointment as the guardian of her child?
The Court in answer to the above remarked that it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child. However, in both these cases, it may still remain necessary to furnish a Birth Certificate.
It added that law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents. In view of this, the Court directed that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary.
"Trite though it is, yet we emphasize that it is the responsibility of the State to ensure that no citizen suffers any inconvenience or disadvantage merely because the parents fail or neglect to register the birth. Nay, it is the duty of the State to take requisite steps for recording every birth of every citizen. To remove any possible doubt, the direction pertaining to issuance of the Birth Certificate is intendedly not restricted to the circumstances or the parties before us,” the Court held.
In light of the above, the Court reiterated that it is the right of a person to include his mother's name alone in the birth certificate, identity certificates and other documents.
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