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

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