Mumbai: In a judgment that will come as a relief to unmarried mothers, the Bombay High Court (HC) directed the Brihanmumbai Municipal Corporation (BMC) to issue a fresh birth certificate to the girl child of a woman who does not want the name of her male companion, the child’s biological father, on the birth certificate.
A division bench comprising of Justice Abhay Oka and Justice Riyaz Chagala was hearing a petition filed by a woman who requested the court that the BMC and hospital had mentioned her companion’s name in the birth and death registrar’s record and the birth certificate of the child. She stated that she is unmarried and her companion is not concerned about the child and had also stated, in an affidavit to the court, that he has no objection to the woman’s plea.
On Tuesday, the HC directed the BMC to ensure that the space where the name of the child’s biological father should be on her birth certificate is “left blank.” But the court clarified that it could not allow the petitioner’s request seeking that the biological father’s name be removed from all original records of the BMC.
The Registration of Births and Deaths Act mandates that, at the time of the birth of a child, the biological father or mother provide the names of both parents, their addresses, occupations etc. The BMC then enters the same in its records as per the provisions of the Act and the birth certificate is issued on the basis of the above entries made in its records,” the bench said.
The BMC's power to amend the entries thus, made in its records is limited. Therefore, this court cannot direct that the name of the biological father be deleted from the entire records. However, the name can be hidden, or be kept blank in the birth certificate issued by the corporation,” it said.
