Kochi: The Kerala High Court has held that a citizen has the right to include only the mother's name on the birth certificate and other identification documents.
Justice P V Kunhikrishnan passed the order on a petition filed by a person, whose mother had been a minor when he was born. The petitioner approached the court, seeking to remove the father's name from the birth certificate, school documents and passport, and to have only his mother’s name. The father’s name had been recorded differently on various documents of the petitioner. As per the petition, the woman had become pregnant after she was assaulted by an unknown person.
The court stated that the child of an unwed mother is a citizen of the country and nobody can infringe upon the rights granted by the Constitution. Authorities cannot deny the rights to privacy, dignity and liberty to the children of rape survivors and unwed mothers. And should be mindful of the mental trauma when their privacy is invaded, the court observed.
Epic character invoked
Citing the plight of Karna in the Mahabharata epic, the court stated, “Veda Vyasa had described the anguish Karna suffered over not knowing who his parents were until Kunti Devi made the revelation. Based on this tale, Mali Madhavan Nair had penned 'Karnasapatham' attakatha which portrays Karna's plight.”
"We need a society without any 'Karnas' who face humiliation over not knowing the identity of their parents. As the Constitution and the courts would protect their rights, the ‘Karnas’ of the new-age would be able to lead a life of dignity like others," the court stated.
Karna is one of the main protagonists of the Indian epic Mahabharata written by sage Vyasa.
