MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Court Upholds Right to Mention Only Mother’s Name in Birth Certificate: Kerala HC

07 May 2024 8:19 AM

By: Admin


Tuesday, the Kerala High Court ruled that a person has the right to include only his mother's name on his birth certificate, identity documents, and other legal documents.

The bench of Justices P.V. Kunhikrishnan stated that the children of unwed mothers and the children of raped victims are also entitled to privacy, liberty, and respect in this country. No one may interfere with their private life, and if they do, the country's Supreme Court will protect their fundamental rights.

In this case, the second petitioner's son was conceived by an unidentified individual while she was a minor. This writ petition is filed by the petitioners to expunge and remove the father's name from the birth register maintained by the office of the first respondent with respect to the petitioner, and to issue a certificate with the mother's name only as the sole parent.

High Court ruled that a person has the right to include only his mother's name on his birth certificate, identity documents, and other official documents. In this country, there are children of rape victims and unwed mothers. No authority can infringe upon their right to privacy, dignity, and freedom. Every citizen of this country must imagine the mental anguish of such a person when invading their privacy. In some cases, it will be intentional, while in others, it will be an accident. However, the state should protect citizens of all such categories equally, without revealing their identity or privacy. If not, they will endure unimaginable mental anguish."

High Court stated, "We want the actual courageous "Karnas," who was the true hero and warrior in "Mahabharat." Our Constitution and constitutional Courts will protect them all, and the new "Karnas" can live with the same dignity and pride as any other citizen."

In light of the foregoing, the High Court granted the petition and ordered the respondent to expunge and remove the petitioner's father's name from the Birth Register maintained at his office and to issue a certificate listing the petitioner's mother as the sole parent.

D.D:19-07-2022

XXX Versus The Registrar Of Births And Deaths Pathanamthitta Municipality Central Junction

Latest Legal News