The Kerala High Court ruled in a historic case [XXX & Anr. v Registrar of Births and Deaths & Ors.] that every individual has the right to have just their mother’s name appear on their birth certificate and other official documents.
The Court issued the ruling in recognition of the anguish experienced by children of unwed mothers and rape victims. In reference to the Mahabharata figure Karna, the Court stated in its decision, “We desire a society with no such personalities as “Karna,” who curses his life because of the humiliation he received for not knowing where his parents are.”
According to the Court, no one may ever abuse a child born to an unmarried mother or a rape victim who is also a citizen of our country.
According to Justice PV Kunhi krishnan, who declared that this right is owed to individuals, the state has a responsibility to protect all citizens, even those born out of wedlock or via rape, and to preserve their right to privacy, dignity, and liberty.
The judgment stated, “It is obvious that a person has the right to have just his mother’s name listed on his birth certificate, identity documents, and other documents. Children of unwed mothers and children of rape victims both exist in this nation, as I have mentioned. Their freedom, dignity, and right to privacy cannot be restricted by any authority. Every member of this nation should picture the emotional anguish this individual must be through when they invade their privacy. Sometimes it will be done on purpose, and other times it can happen accidentally. However, the State should treat all such people equally with other citizens while maintaining their privacy and anonymity. They will experience terrible mental suffering if they don’t,”.
The Court recognised the challenges and problems that children of unmarried mothers suffer and decided that these children, in light of the right to reproductive choice being recognised as a fundamental right under Article 21, should also be safeguarded by the State.
“Nobody can violate the children of an unmarried mother’s fundamental rights, which are protected by our Constitution, because that child is also a citizen of our nation. Not only is he/she the child of an unmarried woman, but also of the wonderful nation of India.’,” the Court stated.
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