Case Note & Summary
The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Mumbai Municipal Corporation to issue a birth certificate for her child without incorporating the name of the natural father. The petitioner contended that the hospital record wrongly mentioned her as married, and she submitted an affidavit expressing her desire not to disclose the father's name. The Corporation, by letter dated 10 August 2016, called upon her to produce a court order for deletion of the father's name. The Corporation's reply affidavit took the stand that there was no power vested in it to delete the father's name from the birth certificate. The court considered the Supreme Court's decision in ABC v. State (NCT of Delhi) (2015) which held that an unwed mother is the sole guardian and can decide whether to disclose the father's name. The court held that the right to privacy under Article 21 includes the right of an unwed mother to not disclose the father's name. The court interpreted Section 7 of the Registration of Births and Deaths Act, 1969 and Rule 8 of the Registration of Births and Deaths Rules, 1999, and held that they do not mandate inclusion of the father's name in all cases. The court allowed the petition and directed the Corporation to issue a birth certificate without the father's name, subject to the petitioner filing an affidavit that she is the sole guardian and does not wish to disclose the father's name.
Headnote
A) Constitutional Law - Right to Privacy - Unwed Mother's Right to Non-Disclosure of Father's Name - Article 21 of Constitution of India - The petitioner, an unmarried mother, sought a birth certificate without the father's name. The court held that the right to privacy under Article 21 includes the right of an unwed mother to not disclose the father's name, and the Municipal Corporation cannot compel her to do so. (Paras 1-22) B) Registration of Births and Deaths Act, 1969 - Birth Certificate - Omission of Father's Name - Section 7, Rule 8 - The court interpreted Section 7 and Rule 8 to permit issuance of a birth certificate without the father's name if the mother so desires, as the rules do not mandate inclusion of father's name in all cases. (Paras 10-18) C) Precedent - Supreme Court Judgment in ABC v. State (NCT of Delhi) - Binding Effect - The court followed the Supreme Court's decision that an unwed mother is the sole guardian and can decide whether to disclose the father's name. (Paras 2, 19)
Issue of Consideration
Whether an unmarried mother can obtain a birth certificate of her child without disclosing the name of the natural father, and whether the Municipal Corporation can insist on including the father's name.
Final Decision
The petition is allowed. The Mumbai Municipal Corporation is directed to issue a birth certificate of the child without incorporating the name of the natural father, subject to the petitioner filing an affidavit that she is the sole guardian and does not wish to disclose the father's name.
Law Points
- Right to privacy
- unwed mother's right to not disclose father's name
- birth certificate without father's name
- Article 21 of Constitution of India
- Section 7 of Registration of Births and Deaths Act 1969
- Rule 8 of Registration of Births and Deaths Rules 1999
