Landmark judgment mandates correction of child's name and caste in school records to reflect single mother's identity, upholding constitutional values.
In a landmark judgment, the Bombay High Court's Aurangabad Bench, comprising Justices Smt. Vibha Kankanwadi and Hiten S. Venegavkar, has upheld the rights of a single mother to have her child's school records reflect her identity. The court has ordered the correction of the minor child's name and caste in school documentation to reflect the mother's identity, thereby reinforcing constitutional values of equality and dignity.
The case involves a 12-year-old girl, raised solely by her mother, after her biological father, accused of a sexual offence, was legally severed from all parental responsibilities. The child's school records listed her father's name and caste, despite his absence from her life. The petition sought to correct these records, replacing the father's name and caste ("Maratha") with the mother's caste ("Scheduled Caste - Mahar").
The court's decision emphasizes the importance of recognizing a single mother's role as a complete parent, a move that aligns with constitutional mandates for the protection of dignity and identity under Articles 14, 15, and 21 of the Constitution of India. The judgment underscores the need to move beyond patriarchal norms that traditionally dictate identity through paternal lineage, especially in cases where the mother is the sole guardian.
Citing past judgments and government resolutions, the court noted that identity should reflect the social reality and upbringing of the child. It referenced the Full Bench decision in Janabai d/o Himmatrao Thakur v. State of Maharashtra, which allows for corrections in school records that reflect obvious mistakes, including name and caste.
Furthermore, the court acknowledged that while caste certificates require careful scrutiny to prevent misuse, the child's welfare and the factual context of maternal upbringing warrant the correction. The judgment mandates that schools reflect the mother's caste in the child's records and facilitates the issuance of a caste certificate under the mother's caste.
This decision marks a significant step in recognizing and institutionalizing the rights of single mothers within the framework of Indian constitutional law, ensuring that children raised in such circumstances are not subjected to social stigma or identity crises.
Bottom Line:
Recognition of a single mother as a complete parent for a child's civic identity including name and caste correction in school records aligns with constitutional values and promotes the welfare of the child.
Statutory provision(s):
Articles 14, 15(1), 15(3), 21, 39(f), 46, 226, and 227 of the Constitution of India.
X.Y.Z. v. State of Maharashtra, (Bombay)(DB)(Aurangabad Bench) : Law Finder Doc id # 2855265
