Ernakulam: The Kerala High Court, in a significant ruling, said that the children of unwed mothers and rape victims, need to only include the names of their mothers in their birth certificate. Considering a petition by an unwed woman and her son, demanding to remove the name of the father from the birth certificate, the HC court judge, Justice P V Kunhikrishnan said that these children cannot be denied the liberty, privacy, and right to dignity ensured by the Constitution.
HC then ordered to include only the name of the mother in the birth certificates of children of unwed mothers and rape victims. Children of unwed mothers are also citizens of this country. Nobody can deny the rights ensured to them by the Constitution. Nobody has the right to interfere in their personal lives and if someone attempts to do that, the Courts will interfere to ensure their rights, HC observed.
The court also directed the Registrar of birth-and-death to issue a birth certificate to the appellant mentioning only the mother as the parent. The court also observed the need not to disregard the children of unwed mothers and rape victims and also stressed the need for upholding their rights and dignity in the judgment. Recalling the plight of Karna from Mahabaratham, the court said nobody should have the fate of Karna in the modern world.
The court also ordered the Directorate of General Education, Board of Higher Secondary Examinations, UIADI, IT department, Passport officer, Central Election Commission, and State Election Commission to remove the name of the father of the applicant from all documents related to the petitioner.
