The Supreme Court struck a second blow on behalf of Indian women in a matter of a week, ruling on Monday that an unwed mother was not required to seek consent from the father to become the sole legal guardian of her child. If she does not wish to disclose his name, she doesn’t have to, and authorities must issue a birth certificate that lists only the mother’s name — she is only required to furnish an affidavit to this effect. This would mean, as the court explained, that the previously all-important box under “father’s name” on school forms, passport applications and assorted official paperwork can be left blank — addressing one crucial aspect of the moral opprobrium encountered by single mothers.
While no single legal judgment can take away the social stigma attached to being an unwed mother, Justices Vikramjit Sen and Abhay Manohar Sapre have reaffirmed the apex court’s position as the defender of human rights. Just last week, their colleagues, Justices Dipak Misra and P.C. Pant, unambiguously stated that there could be no compromise between a rape victim and the criminal who committed the act, putting to bed the horrific notion of forcing a rape victim into rounds of mediation with her rapist, or even encouraging them to marry. Earlier, in a separate case, the court had deemed both the mother and father to be the natural guardians of a child, holding her welfare to be the primary determinant.
