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2016 DIGILAW 1381 (RAJ)

Mamta Swami v. State of Rajasthan

2016-09-22

KANWALJIT SINGH AHLUWALIA

body2016
ORDER : Instant petition has been preferred under Article 226 of the Constitution of India praying interalia that the respondents be directed to issue a fresh Birth Certificate omitting the name of Anand Sharma, father of Master Aadhyaat Swami. It has been further prayed that in the Birth Certificate to be issued afresh only name of the petitioner/mother be reflected. 2. It is pleaded in the present petition that the petitioner was married with one Anand Sharma in the year, 2000. From the womb of the petitioner and from the loins of Anand Sharma, a son, namely Master Aadhyaat Swami, respondent No.4 was born. Due to irreconciliable differences, parties obtained divorce by mutual consent by filing a petition under Section 13-B of the Hindu Marriage Act. 3. In the petition, it was noted that the custody of the child shall remain with the petitioner/single parent. The petitioner approached respondents for issuance of a fresh Birth Certificate on 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. 4. 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. 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.” 5. 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 Affairs had issued instructions/guidelines that the Birth Certificate of the child be issued reflecting name of single parent/unwed mother. 6. Rajasthan is a dynamic progressive State, still some Officials of the Government cherish feudal values and are reluctant to acknowledge dignity and individual identity of a woman. 7. The matter was taken up for hearing yesterday. 8. Before this Court could pass any order, Mr. J.M. Saxena, learned Additional Advocate General appearing for the State of Rajasthan, requested that the matter may be posted for next date i.e. for Today, and he may be permitted to cause intervention by using his good offices, so that adverse order is not passed against the officials of the State for raising flimsy objections. Therefore, the matter was posted for Today. 9. Therefore, the matter was posted for Today. 9. In the morning session also, all kind of non-existing excuses were projected, objections which cannot stand common sense, what to say of judicial scrutiny were raised to say that fresh Birth Certificate cannot be issued in the name of single parent. 10. Before this Court could reject the objections raised by the respondents, impose heavy cost upon them and issue show cause notice for passing strictures, a better sense prevailed and in the post lunch session, Mr. J.M. Saxena, ld. A.A.G., has handed over a Birth certificate to the Id. Counsel appearing for the petitioner in which name of the petitioner is recorded as a single parent. 11. 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. 12. To ward off denial of Birth Certificate to the single-parent 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. 13. Since the Birth Certificate has been issued, the present petition is, hereby, disposed of as having been rendered infructuous. 14. 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. 15. The instructions/guidelines, so issued be laid before Registrar General of this Court for onward circulation. 16. 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. 17. With the directions issued herein above, the present petition stands disposed of.