Karnataka High Court Orders Inclusion of Petitioner’s Name in Birth Certificate”
In a groundbreaking verdict delivered on the 1st of September, 2023, the Karnataka High Court, led by THE HON’BLE MR JUSTICE SURAJ GOVINDARAJ, issued a significant ruling that has far-reaching implications for birth certificates and individuals seeking the inclusion of their names.
The case, bearing Writ Petition No. 18413 of 2023, revolved around Fathima Richelle Mather, a 23-year-old Indian citizen pursuing her Master’s in Management Program at IE University in Madrid, Spain. The petitioner was born on April 28, 2000, at Bhagwan Mahaveer Jain Hospital in Bangalore. While her birth certificate included her parents’ names, it did not mention her own name.
The petitioner’s predicament arose when she needed her birth certificate for employment purposes. She applied to the Corporation for the inclusion of her name in the birth certificate, only to have her request rejected based on the notion that a 15-year period for such inclusion had expired in 2020.
Sri. Rakesh B Bhatt, Advocate for the petitioner, argued vehemently that all other official documents correctly identified the petitioner and her parents. He contended that the denial of such a straightforward request was unjust.
On the other side, Sri. Pawan Kumar, Advocate for the respondent-corporation, invoked the Ministry of Home Affairs’ instructions to justify the rejection. However, the court noted that these instructions were not communicated to the petitioner and that the responsibility for such communication rested with the Corporation.
Justice Suraj Govindaraj’s verdict is a resounding affirmation of individual rights. The judge ruled that the denial based on a 15-year rule was unwarranted and disproportionately affected minors. Moreover, it was deemed unfair to penalize the petitioner for a clerical error made by her parents.
This judgment sets a crucial precedent for cases involving birth certificates and their amendment. It underscores the importance of fairness and the recognition of individuals’ rights, particularly when discrepancies arise from clerical errors beyond their control.
Date of Decision: 01 SEPTEMBER, 2023
FATHIMA RICHELLE MATHER Versus THE REGISTRAR OF BIRTHS AND DEALTHS AND COMMISSIONER
