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Most States Have Amended Rules To Include Mother's Name In Child's Documents : Supreme Court Disposes Of 2014 PIL
Debby Jain
4 Feb 2025 5:54 PM IST
The Supreme Court today disposed of the public interest litigation filed in 2014 seeking identification of children by the names of their mothers in all official documents and affidavits.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, taking into account the fact that the petitioner has since passed away and majority of the states/Union Territories have undertaken...
The Supreme Court today disposed of the public interest litigation filed in 2014 seeking identification of children by the names of their mothers in all official documents and affidavits.
A bench of Justices Surya Kant and N Kotiswar Singh passed the order, taking into account the fact that the petitioner has since passed away and majority of the states/Union Territories have undertaken policy measures to ensure that a mother's name is inserted in all official/public records of her child.
"The petitioner raised an issue of paramount importance and as per the reply-affidavits filed by most of the states, they have accepted the concern raised by the petitioner and taken policy decision/amended rules etc. to ensure that the name of the mother of a child is inserted in all the official/public records. That being so, nothing survives in this writ petition" dictated Justice Kant.
Briefly put, the PIL was filed by journalist-turned-spiritual activist Madhav Kant Mishra, seeking a direction to the Union and all States/Union Territories to include the name of mother of a child in all official/public documents/records.
The PIL claimed that it was unfair and "against the basic law of nature" for a mother's name to be avoided in all respects. According to the petitioner, entry of the name of the child's father could be optional.
In support of the prayer, the petition referred to a situation where, in case of matrimonial disputes and remarriage of the mother, insertion of the father's name could spoil a child's future.
During today's hearing, counsel for the petitioner informed the court about the petitioner's demise and lack of any legal heirs as he became a monk during his lifetime. In response, Justice Kant expressed, "he did a commendable job, most of the states have done it (made provision for insertion of mother's name in child's documents)". The same sentiment was voiced by Additional Solicitor General SD Sanjay, saying "what he wanted has already been achieved in most of the states".
Case Title: MADHAV KANT MISHRA Versus UNION OF INDIA, W.P.(C) No. 576/2014