Kids Of Unwed Mothers, Rape Victims Have Right To Dignity, Can Keep Only Mother’s Name In Documents: Kerala High Court
Kids born out of wedlock or those born out of rape or sexual assault are often looked down upon. There is immense stigma around such kids and they’re often not respected and are mistreated. And to live in our society without a father’s name is the one thing that makes this stigma worse. But the law gives every Indian citizen the right to live with dignity in our country. Much in line with the law, the Kerala High Court recently said that the children of unwed mothers and rape victims have the fundamental rights to privacy, liberty and dignity.
The Kerala High Court was hearing a writ petition seeking to expunge the name of the petitioner’s father from the birth register maintained by the Registrar of Births and Deaths. It also sought a fresh certificate to be issued with only the mother’s name as a single parent. In the case in question, the petitioner’s mother was a minor when she was impregnated by an unidentified person due to which the name of the father was recorded differently in 3 different identification documents of the petitioner but the mother’s name stayed the same.
In a landmark judgement, Justice P V Kunhikrishnan of Kerala High Court said that the child of an unwed mother is also an Indian citizen and no one can infringe his or her fundamental rights guaranteed under the Constitution of India. The court noted that even the children born out of wedlock or out of rape have the right to privacy, dignity and liberty. It further observed that this means that the child also has the right to include his or her mother’s name alone in the birth certificate identification documents and other documents. The court also said that the fundamental rights of these children cannot be “curtailed by any authority”. The court also stressed the need to protect all such citizens just like all other citizens without disclosing their identity and privacy or they may have to face “unimaginable mental agonies” as quoted by Bar and Bench.
The Kerala High Court said that the child of an unwed mother is not only her child but also India’s child. The Court stated that the child of an unwed mother and rape victim needs to be protected by the State especially since the Indian Constitution has given women the right to reproductive choice as a fundamental right under Article 21. Making further observations, the High Court noted that the word “bastard” may be in the dictionary but there shouldn’t be any example for anyone to use the word against any other person. Justice PV Kunhikrishnan also quoted Mahabharatha and spoke of Karna who was unaware of his parents till his mother Kunthi Devi told him the truth. The judgment in the case quotes Karnashapadham from the attakadha Kathakali written by Mali Madhavan Nair which speaks of the mental agony and insult faced by Karna for not knowing the whereabouts of his parents. The court noted that the Indian Constitution and constitutional Courts will protect all the “new age ‘Karnas'” and ensure they live with dignity and pride like all other citizens of the country.
Also Read: Throwback Thursday: 5 Bollywood Movies That Opened A Dialogue About Out Of Wedlock Pregnancies
The Kerala High Court further directed the Registrar of Births and Deaths to expunge and remove the name of the petitioner’s father from the Birth Register and issue a certificate showing the mother’s name as a single parent. The General Education Department, the Board of Higher Secondary Examinations, the UIDAI, the IT Department, the Passport Officer, the Election Commission of India and the State Election Commission were also directed the remove the name of the father from the official records and database.
