Extraordinary jurisdiction invoked to protect child's dignity and fundamental rights under Article 21 of the Constitution
In a landmark judgment, the Kerala High Court has directed the correction of a birth certificate to include a father's name and change the child's name, invoking its extraordinary jurisdiction under Article 226 of the Indian Constitution. The decision was made in response to a writ petition filed by Anju Krishna and others, addressing the emotional and legal challenges faced by a child born through In Vitro Fertilisation (IVF) to an unwed mother.
The case involved a child born to the petitioners, whose father's name was not initially included in the birth certificate due to a misunderstanding between the parents at the time of birth. Subsequently, the parents married and sought the inclusion of the father's name on official records. The Registrar of Births had refused the request, citing the lack of statutory provisions under the Registration of Births and Deaths Act, 1969, to make such amendments.
Presiding over the case, Justice P.V. Kunhikrishnan emphasized the fundamental right to identity as guaranteed under Article 21 of the Constitution. He highlighted the psychological impact and potential stigma associated with having a blank space in the birth certificate, likening it to a "wound inflicted by her parents' past quarrel." The court noted that the law should not become an instrument of psychological cruelty to a child, stressing the importance of protecting the child's dignity and psychological well-being.
The court referred to previous judgments, including Anitha C v. State of Kerala, to support its decision to exercise extraordinary jurisdiction in cases where statutory provisions are inadequate to address the unique circumstances. The judgment underscores the judiciary's role in interpreting laws with a human touch and ensuring that legal procedures do not hinder justice and equity.
Justice Kunhikrishnan ordered the Panchayat to make the necessary corrections to the birth certificate, adding the father's name and changing the child's name, as per the parents' request. The court also directed the authorities to issue a fresh birth certificate reflecting these changes within 30 days.
The ruling sets a precedent for similar cases, reinforcing the judiciary's commitment to safeguarding children's rights and ensuring that legal frameworks evolve to meet the needs of contemporary society.
Bottom line:-
Correction in birth certificate - High Court can invoke its extraordinary jurisdiction under Article 226 of the Constitution of India to permit the correction of a birth certificate to include the father's name and change the child's name in cases where the statutory provisions do not specifically provide for such correction, especially when it is necessary to protect the dignity and psychological well-being of the child.
Statutory provision(s): Article 226 of the Constitution of India, Article 21 of the Constitution of India, Registration of Births and Deaths Act, 1969 Section 15, Registration of Births and Deaths Rules, 1999 Rule 11
Anju Krishna v. State of Kerala, (Kerala) : Law Finder Doc id # 2916782
