Calcutta HC directs BCI to file reply on plea to provide column for mother's name in advocate enrolment form 

On the Public Interest petition raising the issue that the current forms for enrolment and identity cards issued by the Bar Council do not contain any column to mention the name of a candidate's mother, the Calcutta High Court has directed the Bar Council of India (BCI) and the Bar Council of West Bengal to file their respective replies. 

The plea contended that since there is no space to include the candidate's mother’s name/ details along with that of the father and the husband, it is discriminatory towards candidates with single mothers.

The matter was taken up before the bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj which issued notice in the matter and listed it for further hearing on February 6, 2023.

Court ordered, "Learned counsel for respondent No.1 is directed to file affidavit-in-opposition within 4 weeks. The same may also be filed by respondent No.2 within the same period, thereafter affidavit-in-reply, if any, be filed within a week".

The plea moved by one Mrinalini Majumdar, alleged that the form refuses to grant a place to a candidate whose sole parental identification is mother and is thereby violative of his/ her fundamental rights.

Important to note, that the present plea also referred to a decision of the Kerala High Court. The high court, in its decision, has held that it is the right of a person to include his mother's name alone in the birth certificate, identity certificates, and other documents.

The ruling came in a petition filed by a youngster seeking direction to expunge and remove the father’s name from the birth register maintained by the statutory authority under the Registration of Births and Deaths Act, 1969.

In his plea, the petitioner had mentioned that his mother was impregnated by an unidentified person under mysterious circumstances when she was a minor, therefore, the father’s name was different in different documents however, the mother’s name was same throughout.

The bench of Justice P. V. Kunhikrishnan had allowed the petition while observing that there are children of rape victims and unwed mothers in this country and their right of privacy, dignity and liberty cannot be curtailed by any authority.

The High Court while taking note of the Apex court decision in ABC vs State (NCT of Delhi) and the circular issued later on by the Government directing the name of only the single parent to be written on the certificate, had then come to a conclusion that it is a right of the person to include his mother’s name alone in the birth certificate, identity certificates and other such documents.

Case Title: Mrinalini Majumdar v Bar Council of India