Read Time: 07 minutes

Synopsis

The Kerala High court recently observed 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 bench of Justice P. V. Kunhikrishnan said 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.

Court said that the mental agony of such a person should be imagined by every citizen of this country while intruding into their privacy. Stressing that in some cases it will be a deliberate act and in other cases it may be by mistake, Court said, 

"But the State should protect citizens of all such kind as equal to other citizens without disclosing their identity and privacy. Otherwise, they will face unimaginable mental agonies."

A youngster filed a petition to expunge and remove the father’s name from the birth register maintained by the statutory authority under the Central act, namely the Registration of Births and Deaths Act, 1969.

In his plea, the petitioner 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.

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, came 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.

Court said, 

“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. He/she is a son/daughter of not only the unwed mother but this great country "India." We need to live in a country where there will be no example to cite for the word "bastard" and let that word continue in the dictionary pages without getting an opportunity to give examples to the young student generation of English. 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.”

While allowing the petition court also cited excerpts from the Mahabharata:

“We want a society with no such characters like "Karna," who curses his life because of the insult he faced for not knowing the whereabouts of his parents. We want the real brave "Karnas ' who was the real hero and fighter in "Mahabharata". Our Constitution and the constitutional Courts will protect all of them and the new age “Karnas” can live like any other citizen with dignity and pride.”

Conclusively, Court directed the authorities to expunge and remove the name of the father from the birth certificate of the petitioner and issue the same with the mother’s name only. 

Case Title: XXXXXXXXXX v. THE REGISTRAR OF BIRTHS AND DEATHS PATHANAMTHITTA MUNICIPALITY and OTHERS