The Madras High Court has observed that dignity and the right to construct one's own identity with reference to gender, familial, and societal contexts are integral components of the right to privacy. This observation came while granting relief to a woman who sought to include the names of her foster parents in her birth certificate without removing the names of her biological parents.
Case Background
The court was hearing a petition filed by a woman from Madurai, who is currently pursuing an undergraduate degree. The petitioner stated that she was born in 2005. After her father passed away in 2006, her mother also deserted her. Subsequently, her paternal uncle and his wife (her aunt) raised her as their own daughter.
The petitioner explained that in all her identity-related documents, her uncle and aunt's names are mentioned as her parents' names. However, in her birth certificate alone, the names of her biological parents are recorded. This discrepancy has affected her right to be recognized as the daughter of her uncle and aunt, and has also caused serious prejudice to her education and career prospects.
Petition and Rejection
Therefore, the petitioner made an application to include the names of her uncle and aunt as her father and mother in the birth certificate. However, the application was rejected on the ground that the petitioner should be validly adopted as per the provisions of the Hindu Adoption and Maintenance Act, 1956. Challenging this order, the petitioner moved the court.
Court's Observations
The woman's counsel submitted that she did not seek to remove the names of her biological parents, but only to include the names of her uncle and aunt as well. Justice D. Bharatha Chakravarthy observed that the petitioner is not praying for proprietary rights in the foster family. She simply wants to be known as their daughter. This, the court noted, falls within her fundamental right.
The judge further observed that her identity itself would be disputed, and her education and career would be jeopardized since the names of her parents in all other certificates differ from those in the birth certificate. The court emphasized that there is not only an obligation on the state to respect the child's right to preserve her identity, but also an obligation to provide appropriate assistance.
Directions
Consequently, the judge directed the petitioner to file notarized affidavits of her uncle and aunt, consenting to their names being added to the birth certificate of the petitioner with the suffix 'foster'. Upon filing such affidavits, the chief registrar of births and deaths shall include the names of the uncle and aunt in the appropriate columns, the judge ordered.
