Kerala High Court said – no one should bear insult like Karna: The child of an unmarried mother should be a citizen of the country, mother’s name should be written in the identity cards

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  • Kerala High Court Order | Person Has Right Not Specify Father Name In Identity Documents

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The Kerala High Court has given a major judgment, which said that a person has every right not to write the father’s name in his identity documents. The court passed this order in view of the difficulties being faced by unmarried mothers and children of rape victims. The court directed that the certificate be issued only in the name of the mother as the parents of the petitioner.

Example given by Karna of Mahabharata
During the hearing, Justice Kunhikrishnan, referring to Karna of Mahabharata, said that “we want a society in which there is no Karna, who curses his life. He should face humiliation for not knowing the name of his parents.” Thereafter, the court directed the removal of the father’s name from the birth certificate and the issuance of a certificate containing only the mother’s name as the parent.

Fundamental rights with the child of an unmarried mother
The court further said that the child of an unmarried mother is also a citizen of our country and no one can violate any of her fundamental rights. These rights are guaranteed in our constitution. She is not only the child of an unmarried mother but also of this great country India. No authority can curtail his right to privacy, dignity and liberty. If this happens then the court will protect their rights.

View your right to privacy
Justice Kunhikrishnan said that the mental agony of such a person should be imagined in the same way as someone intruding on your privacy. Although in some cases this is done intentionally while in others it may be done by mistake. But the state should protect all the rights of the citizens. Otherwise they will have to face unimaginable mental pain.

Supreme Court has already ordered
The Supreme Court, during the case ABC Vs State (NCT Delhi), Government of India, has sent a letter to all the Chief Registrars of Births and Deaths in the country directing that the name of the single parent be written in the birth record. The column for the name of the other parent should be omitted on special demand. The Supreme Court had said that it is the right of a person to include the name of the mother alone in the birth certificate, identity card and other documents.

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