The Supreme Court of India has officially disposed of a public interest litigation (PIL) filed in 2014, which sought the mandatory inclusion of a child’s mother’s name in all official documents and affidavits. The decision was made after considering that most states and Union Territories have already taken necessary policy measures to implement this change.
A bench comprising Justices Surya Kant and N Kotiswar Singh passed the order, acknowledging that the petitioner, journalist-turned-spiritual activist Madhav Kant Mishra, had passed away. Additionally, the court noted that his concerns were largely addressed by various state governments, which had either amended rules or implemented policies ensuring that a mother's name appears in all official and public records.
Justice Surya Kant observed that the PIL raised a significant societal issue. He stated:
"The petitioner raised an issue of paramount importance, and as per the reply-affidavits filed by most states, they have accepted the concern raised by the petitioner. They have taken policy decisions and amended rules to ensure that the name of the mother of a child is inserted in all official/public records. That being so, nothing survives in this writ petition."
With this, the court concluded that there was no need for further intervention, as the objective of the petition had been largely achieved.
Background
The PIL was filed by Madhav Kant Mishra, urging the Union Government and all States/Union Territories to ensure that a child's mother's name is included in all official records. The petition contended that excluding a mother's name from documents was unfair and violated the basic principles of natural justice.
The petitioner also highlighted scenarios where the absence of a mother’s name in official records could adversely impact a child's future, particularly in cases involving:
- Matrimonial disputes
- Remarriage of the mother
- Single motherhood
Mishra proposed that while the father’s name could be optional, a child's mother's name should be mandatory in all documents.
During the hearing, the counsel for the petitioner informed the court about Mishra’s demise and mentioned that he had no legal heirs, as he had embraced monastic life. Recognizing his efforts, Justice Surya Kant praised his contribution, stating:
"He did a commendable job, and most of the states have already taken steps to ensure the insertion of a mother’s name in a child’s documents."
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The Additional Solicitor General SD Sanjay echoed a similar sentiment, noting:
"What he wanted has already been achieved in most of the states."
With these acknowledgments, the Supreme Court formally disposed of the case.
The Supreme Court’s ruling signifies a major shift in legal and administrative frameworks across the country, ensuring that a mother’s identity is formally recognized in a child's documentation. The decision not only supports women's rights but also benefits children in situations where a father’s name might be unavailable or problematic.
Case Details: Madhav Kant Mishra vs Union of India W.P.(C) No. 576/2014
