XXXXX Vs. REGISTRAR OF BIRTHS AD DEATHS

JUDGEMENT

(1.) This is a sad story of a mother and her son. The 2nd petitioner is an unfortunate mother who conceived the 1st petitioner while she was a minor under a mysterious circumstance by an unidentified person. This writ petition is filed by the petitioners to expunge and remove the father's name from the birth register maintained by the office of the 1 st respondent with respect to the 1st petitioner and issue a certificate showing the mother's name only as a single parent. A child of an unwed mother is also a citizen of our country, and nobody can infringe any of his/her fundamental rights, which are guaranteed in our Constitution. He/she is a son/daughter of not only the unwed mother but this great country "India." We need to live in a country where there will be no example to cite for the word "bastard" and let that word continue in the dictionary pages without getting an opportunity to give examples to the young student generation of English. The children of unwed mothers and the children of raped victim can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the constitutional Court of this country will protect their fundamental rights. The Apex Court has held that a woman's reproductive choice is a fundamental right and compassed the same under Article 21 of the Constitution of India. In Suchita Srivastava and Another v. Chandigarh Administration [AIR 2010 SC 235], the Apex Court held thus:

(2.) Referring to the above judgment, the Apex Court in Devika Biswas v. Union of India and Others [AIR 2016 SC 4405] observed thus:

(3.) The Apex Court in K.S. Puttuswamy v. Union of India [2017 (4) KLT 1], observed like this: