27/07/2022
In a significant ruling, the Kerala High Court has held that the father's name on a birth certificate is not mandatory and only the mother's name alone is fine.
The single-judge bench of Justice P. V Kunhikrishnan observed that a child of an u***d 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 a similar kind of agony as his single-mother Kunti abandoned 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 r**e victims and children of u***d 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 the child of an u***d mother is a son/daughter of not only the u***d mother but this great country "India."
It has called for the 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 u***d mothers and the children of r**ed 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."
