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Legal News 05 February 2025

Supreme Court Disposes Of PIL Seeking To Include Mother’s Name In Child’s Public/Official Documents, Says, “Most Of The States Have Done It”

उच्चतम न्यायालय ने बच्चों के आधिकारिक दस्तावेजों (official records) में माता का नाम दर्ज कराने से संबंधित जनहित याचिका (PIL) को यह कहते हुए निस्तारित कर दिया कि अधिकांश राज्यों एवं केंद्र शासित प्रदेशों ने इस संबंध में नियम बनाकर इसे लागू कर दिया है।

On February 04, 2025, the Supreme Court (SC) of India disposed of the 2014 public interest litigation (PIL) seeking to identify children by their mother’s name in all official documents and affidavits. The order reads, “The petitioner raised an issue of paramount importance and as per the reply-affidavits filed by most of the states, they have accepted the concern raised by the petitioner and taken policy decision/amended rules etc. to ensure that the name of the mother of a child is inserted in all the official/public records. That being so, nothing survives in this writ petition.” 

While hearing the matter, the two-judge bench of the SC constituting Justice N Kotiswar Singh and Justice Surya Kant noted that the majority of the States and Union Territories have undertaken certain policy measures that ensure a mother’s name is inserted in all official/public records of her children. Moreover, the counsel appearing for the petitioner informed the SC about the petitioner’s demise and had no legal heir as he became a monk. Justice Kant said, “he did a commendable job, most of the states have done it (made provision for insertion of mother's name in child's documents).” Adding to this, Additional Solicitor General SD Sanjay said, “What he wanted has already been achieved in most of the states.”

In this case, Journalist-turned-spiritual activist Madhav Kant Mishra filed the PIL seeking a direction to include the name of the mother of a child in all official documents/records. He claimed that it was unfair and against the basic law of nature to avoid a mother’s name and contended that the father’s name could be an optional entry in his child’s official/public documents. After hearing the contentions, the SC bench disposed of the PIL.


 

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Frequently Asked Questions

Why did the Supreme Court dispose of the PIL regarding mother's name in official documents?

The Supreme Court disposed of the PIL because most States and Union Territories have already taken policy decisions or amended rules to ensure the mother's name is inserted in public records.

Who filed the PIL seeking to include a mother's name in official records?

The public interest litigation was filed in 2014 by journalist-turned-spiritual activist Madhav Kant Mishra.

Who were the Supreme Court judges on the bench hearing this PIL?

The PIL was heard by a two-judge bench comprising Justice Surya Kant and Justice N Kotiswar Singh.