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This is an archive article published on February 24, 2015

Passport rules on inclusion of father’s name: Formulate questions arising during issuance, HC tells petitioners

It also said that the apprehension of the passport authority relating to this matter was genuine.

The Bombay High Court on Monday asked the petitioners to formulate questions relating to problems arising during issuance of passport which need to be decided upon while hearing petitions on passport applications which were not processed because they did not provide the names of their biological fathers.

“Formulate questions relating to problems which have to be decided. This involves passport issues relating to the children of unmarried or single mothers, cases in which a child who has attained18 years of age is under compulsion to give his biological father’s name and if there are any international norms and treaties which are accepted by India which requires such disclosure,” said Justices VM Kanade and A R Joshi. While giving its oral observation on adoption, the HC asked if other countries also require display of names of biological fathers in the passport.

It also said that the apprehension of the passport authority relating to this matter was genuine as a person could manipulate its identity by giving different names.

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In an earlier hearing, advocate Samarth Moray, who appeared for one of the applicants, had said that the passport authorities should be directed to consider amending their “standing instructions” in the Passport Manual to do away with insistence on inclusion of the name of the biological father in cases of applicants who have attained majority and opted for exclusion of such name, children of unwed mothers/rape survivors, biological fathers who have given up their permanent custody to the biological mother, or in cases where despite an order for access to their children, have not made any attempt to exercise that right or have otherwise abandoned their children.

Advocate Moray was representing a student who was planning to apply in foreign universities for her further studies. The petition claimed that her mother had married the biological father in 1993, but due to differences they separated and the family court granted a divorce. The mother re-married, she changed her name and so has the student. The student was issued other government documents like Aadhar card, Ration card, school leaving certificate in her step father’s name. However, when she applied for a passport, it was denied.

The advocate appearing for the Passport Authority stated that they were revising its manual. It also said that based on various judgments, instructions had been forwarded to the passport authority.

Meanwhile, advocate Viraj Maniar also filed another petition relating to passport authority’s insistence to incorporate the father’s name in the case of a girl born out of wedlock.

mumbai.newsline@expressindia.com

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