The HC bench was considering a petition filed by a live-in couple seeking a directive to change the name of their daughter’s father in the birth register
Because the name of their father or mother is wrongly mentioned in the birth register and there is no remedy to correct it, kochi : The Kerala high court, in a significant judgment, has held that no child should suffer or bow their head merely. The court also urged the state govt to seriously consider including the court’s parens patriae jurisdiction — a legal doctrine giving courts a protective role over persons who lack the capacity to protect their own interests — in the school syllabus so that every child knows about it.
The court said that if a situation arises, children should know that courts are also there to protect their interests, in addition to their parents. Referring to certain lines from ‘Parukketta Kutty’ (The Injured Child), a Malayalam poem by Mahakavi Kumaranashan, the court said, “Just like a mother rushes to her child when the child is injured, the constitutional court also stands to protect every child if there is an injustice or harm to a minor child, by invoking the jurisdiction under the doctrine of parens patriae.” Additionally, on noticing a circular mandating a DNA report, an agreement attested before a Notary Public and a court order for changing the name of the father in official records, the court questioned whether these procedures should be followed even in cases where there is no dispute over the paternity of the child. The court answered the question in the negative and urged the legislature to seriously consider making appropriate amendments to the Act and the Rules in this regard. The bench of Justice P V Kunhikrishnan was considering a petition filed by a live-in couple seeking a directive to change the name of their daughter’s father in the birth register, in which the name of the mother’s ex-husband had mistakenly been entered. Despite the petitioners having approached the local body authority to make the correction, no further action had been taken, prompting them to approach the HC. It was also noted that, as per a circular, a DNA report, along with a court order and a notarised agreement, is mandatory for changing the father’s name in the register. the court asked whether the child should undergo the trauma of a DNA test to prove her identity when there is no dispute over her paternity While hearing the petition. Accordingly, the bench called for an amendment and directed the high court registry to forward a copy of the judgment to the central govt, the state chief secretary and the law secretary to seriously look into the matter. Similarly, the court, invoking its parens patriae jurisdiction, allowed the petition and directed the local body authorities to make the necessary changes in the birth register of the petitioners’ daughter within a month.