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CWP 5422/2016
:::
22.09.2016
//Reportable//
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CWP 5422/2016
the ground that for the admission of child in the School or for
opening a bank account, Officials insist that signatures of the
father be obtained, hence, fresh Birth Certificate be issued. In the
petition, it is stated that after the divorce, child is being reared by
the petitioner/ single parent.
The learned counsel appearing for the petitioner, has
relied upon the direction issued by the Supreme Court of India in the
case of ABC Vs. The State (NCT of Delhi), reported as A.I.R.
2015 S.C. 2569, wherein it was held as under ;19. We are greatly perturbed by the fact that the Appellant
has not obtained a Birth Certificate for her son who is nearly
five years old. This is bound to create problems for the child
in the future. In this regard, the Appellant has not sought
any relief either before us or before any of the Courts
below. It is a misplaced assumption in the law as it is
presently perceived that the issuance of a Birth Certificate
would be a logical corollary to the Appellant succeeding in her
guardianship petition. It may be recalled that owing to curial
fiat, it is no longer necessary to state the name of the father
in applications seeking admission of children to school, as well
as for obtaining a passport for a minor child. However, in
both these cases, it may still remain necessary to furnish a
Birth Certificate. The law is dynamic and is expected to
diligently keep pace with time and the legal conundrums and
enigmas it presents. There is no gainsaying that the identity
of the mother is never in doubt. Accordingly, we direct that
if a single parent/unwed mother applies for the issuance of a
Birth Certificate for a child born from her womb, the
Authorities concerned may only require her to furnish an
affidavit to this effect, and must thereupon issue the Birth
Certificate, unless there is a Court direction to the contrary.
Trite though it is, yet we emphasise that it is the
responsibility of the State to ensure that no citizen suffers
any inconvenience or disadvantage merely because the
parents fail or neglect to register the birth. Nay, it is the
duty of the State to take requisite steps for recording every
birth of every citizen. To remove any possible doubt, the
direction pertaining to issuance of the Birth Certificate is
intendedly not restricted to the circumstances or the parties
before us.
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CWP 5422/2016
Counsel appearing for the petitioner has submitted that
in pursuance of the directions issued by the Supreme Court of India,
Government of India, Ministry of Home
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CWP 5422/2016
Certificate to the ld. counsel appearing for the petitioner in which
name of the petitioner is recorded as a single parent.
This Court appreciate vision and perspective of Mr. J.M.
Saxena, ld. A.A.G. who has shown due to sensitivity to the plight of
mother who is bringing up a child as a single parent.
To ward off denial of Birth Certificate to the singleparent or unwed mother or woman, a direction is, hereby, issued to
the State of Rajasthan to amend rules and issue necessary
instructions that as and when single parent/unwed mother or woman
apply for grant of Birth Certificate, such Certificate ought to be
issued without causing unnecessary hurdles.
Since the Birth Certificate has been issued, the present
petition is, hereby, disposed of as having been rendered infructuous.
At this stage, Mr. J.M. Saxena, ld. A.A.G., appearing for
the respondents, has prayed to this Court that the present petition
be not treated by assigning separate docket number as 'Public
Interest Litigation', as he on the administrative side of this Court will
place on record instructions/ guidelines to be issued by the
Government that Birth Certificate without raising unnecessary
objections shall be issued in favour of the single parent/unwed
mother or woman by acknowledging her individual identity and dignity.
The instructions./ guidelines, so issued be laid before
Registrar General of this Court for onward circulation.
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CWP 5422/2016
Let a copy of this order, under the seal and signature of
the Court Master, be handed over to Mr. J.M. Saxena, ld. A.A.G.,
appearing for the respondents, for onward transmission and necessary
compliance.
With the directions issued herein above, the present
petition stands disposed of.
ashok/