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Tuesday, September 21, 2021

PIL in Madras HC seeks direction on including mothers’ names in all documents

It should be made mandatory to furnish the mothers' names in addition to the fathers names in all deeds, affidavits, government, education, courts and official documents, applications, certificates and Licenses too, petitioner said.

By: PTI | Chennai |
September 7, 2021 11:38:35 am
Madras High CourtMadras High Court. (File)

The Madras High Court on Monday ordered notice, returnable by four weeks, on a public interest litigation petition praying for a direction to the authorities concerned to include the names of the mothers’ too in all certificates and documents.

The first bench of Chief Justice Sanjib Banerjee and Justice P D Audikesavalu, before which the PIL from advocate B Ramkumar Adityan of Tiruchendur came up for hearing Monday, ordered the notice to the Union and State government authorities. The matter will be taken up for hearing after six weeks, the bench said.

The petition prayed for a direction to the Union Ministries of Home Affairs, Law and Justice and the Women and Child Development in New Delhi and the TN State Chief secretary to direct all the ministries/departments and offices to create a column to write the names of the mothers in addition to the names of the fathers in all forms, certificates, applications and licenses. It should be made mandatory to furnish the mothers’ names in addition to the fathers names in all deeds, affidavits, government, education, courts and official documents, applications, certificates and Licenses too, petitioner said.

The petition also prayed for a direction to the authorities to permit the single parent or an unwed mother to mention her name alone, by obtaining an affidavit to ensure meaningful implementation of the provisions related to adoption of the Hindu Adoptions And Maintenance Act, the Guardians and Wards Act, the Juvenile Justice (Care and Protection of Children) Act and the Adoption Regulations, 2017.

For family functions like marriage and housewarming, the names of both the parents were being mentioned. In Baptism in Christianity and Sunnath in Islam, the names of the fathers and mothers were included. But in the case of other certificates and documents, the names of the fathers alone were mentioned, the petitioner pointed out.

In these days, divorce is not uncommon. Pregnancy through in vitro fertilisation (IVF), adoption and single parenting have become the order of the day, the petitioner pointed out. Denial of the right of the mothers would be violative of the fundamental right enshrined in Article 14 of the Constitution, petitioner contended.

“We call the rivers in the name of women, the language as mother tongue and the country as mother country. We give equal share in properties. We have to consider the role that the mother plays in the child’s life. Mothers have an undeniable and consequential role in the child’s upbringing. Men and women should be equal because this is the century where the strength of intelligence is greater than physical strength. If we create a column for writing mother name in addition to father name, it will be as great recognition to the mothers. We can find our female line also. And also fundamental right to privacy will be safeguarded,” the petitioner said.

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