Shashwati Chowdhury
Published on: July 25 2022 at 18:46 IST
The Kerala High Court held that everyone has the right to include only their mother’s name appear on their birth certificate and other documents.
The State has a right owed to all citizens, even those who may have been conceived out of wedlock or as a result of rape, and their right to privacy, dignity, and liberty is protected, according to Justice PV Kunhikrishnan.
The Court referred the trials and tribulations that children of unmarried mothers face and stated that these children should also be protected by the State, especially in light of the right that Article 21 recognizes the right to reproductive choice as a fundamental right without which constitutional courts will intervene.
The Court was hearing the plea to have the respondent Registrar of Births and Deaths expunge the petitioner’s father’s name from the birth register and issue a new certificate with just the mother’s name as a single parent.
The mother of the petitioner was just a minor when she was impregnated by an unknown individual in mysterious circumstances.
Due to this, the mother’s name was correctly included in every identity document the petitioner had, but the name of the unidentified father was entered differently in three of them.
The Court referred the Kerala Registration of Births and Deaths Rules, 1999, and the provisions of the Registration of Births and Deaths Act, 1969, in particular the Sections which empower the Registrar of Births and Deaths to make any corrections in documents.
The JudgePV Kunhikrishnan stated that,“although the word “bastard” may remain in the dictionary, there should not be an example for someone to use such word against another person.”
“…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.”
The court also referenced the judgment given by the Kerala High Court in a plea brought by an unmarried single mother who was getting assisted reproductive technology. In that case, the Court had directed the government to bring a separate form which does not contain a field requiring the name and other details of the father.
The Court allowed the petition and directed that the father’s name be expunged from the petitioner’s birth certificate and re-issue the new one within two weeks.
The Court’s concluding statement were, “There will be a direction to the 1st respondent to expunge and remove the name of the father from the Birth Register maintained at his office regarding the 1st petitioner and issue certificate showing the name of mother only as a single parent, if such a request is made by the petitioners.”