The Kerala High Court said in a landmark order that children of unwed mothers and rape victims can live in this country with the fundamental rights of privacy, liberty, and dignity, and allowed a person to include his mother’s name alone in the birth certificate, identity certificates and other documents. Justice P V Kunhikrishnan said that the child of an unwed mother is also a citizen of India and that no one can infringe on the rights of such a person.
The order also said that no one can intrude into the private life of such persons and that if it happens, the court would ensure that their fundamental rights are protected. The order came after a petition from a man, who is the son of an unwed mother, whose father’s name was different in three documents. Justice Kunhikrishnan also invoked the name of Karna from Mahabharata in this regard.
Social media lauded the progressive step and sent their kudos to the high court.
Keeping up with the past precedents, Kerala High Court passes a commendable and practical judgement. All public and private institutions must be sensitised about this norm. #lawbatra pic.twitter.com/cYrXy767Ig— Hemant Batra (@LawBatra) July 25, 2022
I hope all government offices take a note or it becomes a repeated battle for single mothers like me! https://t.co/OBITgeKJud— Pooja Priyamvada (She/Her) (@SoulVersified) July 25, 2022
Hat tip to you, Milord. Things look gloomy, but all is not lost. Well done. 👏 https://t.co/lp3VnzKlv5— LOL Before The Storm🎭 (@Gr8GigOnTheSly) July 25, 2022
Such a wonderful judgement.. better late than never 👏 https://t.co/eHomzwsOZJ— Surochita Dutta (@SurochitaDutta) July 25, 2022
“The children of unwed mothers and the children of raped victim can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the constitutional Court of this country will protect their fundamental rights," the order said.
The court also said the state should protect citizens of all kind as equal to other citizens without disclosing their identity and privacy. “Otherwise, they will face unimaginable mental agonies," it said. “We want a society with no such characters like ‘Karna’, who curses his life because of the insult he faced for not knowing the whereabouts of his parents. We want the real brave ‘Karna’ who was the real hero and fighter in ‘Mahabharata’. Our Constitution and the constitutional Courts will protect all of them and the new age ‘Karnas’ can live like any other citizen with dignity and pride," Justice Kunhikrishnan said.
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