Kids of unwed women, rape victims also have right to dignity, says Kerala high court

Abstract

The children of unwed mothers and rape victims can live in this country with the fundamental rights of privacy, liberty, and dignity, the Kerala High Court has said and allowed a person to include his mother’s name alone in the birth certificate, identity certificates and other documents.

Justice P V Kunhikrishnan, in an order issued on July 19, said a child of an unwed mother is also a citizen of this country and nobody can infringe any of his/her fundamental rights guaranteed under the Constitution.

“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 name of the father of the petitioner, who is the son of an unwed mother, was different in three of his documents.

The court directed the Registrar of Births and Deaths to expunge and remove the name of the father from the Birth Register maintained at the office regarding the petitioner and issue a certificate showing the name of mother only as a single parent, if such a request is made by the petitioners. [Read More]