Single Mother Legal Rights in India

Single Mother Legal Rights in India

Single mother means that mother which takes care of the baby herself has more rights. The father’s name is not important in any document if the father has not taken care of his responsibilities towards the child. This verdict of the court is in favor of single mothers.

There are many people in the world these days who are taking care of the child alone even if their spouses are alive. Most of such cases are of women who take care of the child alone. The Delhi court verdict has gone in the favor of single mothers. It clearly stated that it is not necessary to have father’s name on a child’s passport.

Shalu Nigam’s case was put forward in the court by her mother. She wanted to renew her child’s passport without putting in the biological father’s name. The child’s mother was not staying with her husband and they were divorced. The child was born on 24^th Aug 1997 and from that time the mother has been taking care of the child alone. According to mother the father never cared or took nay responsibility for her daughter and still the passport officials were pressuring her to put her biological father's name in passport. She was given the example of BS Deepa case of 2014 Madras and was told that the relations between biological father and child can never be finished.

According to Delhi High court name of the mother is sufficient in the passport as the child’s mother has brought up her alone. According to court if it’s legally required then only passport officials can ask to fill in father’s name otherwise not.

Earlier the court had given an important decision in the case of the biological father. In Teesta Chaturaj case of Delhi, the court said that if a father has not availed any of his responsibilities then no court can give a green flag to him as a biological father.  

In our country, 90 to 95% of children stay with their mother after the trials. If a woman has no criminal record then the child can stay with her. But passport office matter is different. If a father is taking care of his child and he applies to the passport office for his child’s passport then he can do it without the permission of the mother. If he wants to take the child to a foreign country then can a mother stop him from doing so? Then why are the rules so strict for a woman to have her husband’s name in passport.

The court gave its verdict that nowadays single mother cases are more prevalent. An unmarried mother, surrogate mother, a rape victim, divorced and ivf related cases are seen and similar to single mother cases. In some cases, only mother’s name is sufficient for the child. Passport is one such case.

Fact- Supreme court wrote in a case in 2010 that the right to privacy is related to the right to live and the right to freedom of women. 

Manoj Kumar Supreme court Advocate

Source - DB news - Manoj Kumar Supreme court Advocate

Know Defamation law in india in Hindi English

Defamation is a criminal case in India  

Defamation cases come regularly to the court. Most cases are of political leaders. Defamation is categorized under criminal cases in India. 

This law imposed by British works this way –

The criminal proceedings happening after the registration of defamation case was challenged by Rahul Gandhi, Arvind Kejriwal and Subramanian Swami in Supreme Court. Under Indian penal code 1860 chapter 21, section 499 and 500 have been challenged many times in past. It has been stated that defamation should come under Deewani or madness case and not a criminal case. This would motivate the right to speak and voices of people working for public welfare would not be stifled.

The central government wants to keep this law as it is. A committee of two judges have denied the petitions regarding the same. Judged Deepak Mishra and PC Pant denied the petition of changing the law and stated that it is legal and constitutional right to punish the defamation criminals. They also stated that right to speak and freedom should not cross its limits. Those whose rights have been compromised also have the full right to live respectfully. Judges have given suggestions to the lawyers that they should take care when passing summons on personal defamation complaints.

The whole world sees these cases as Deewani or madness cases except India. Jayalalithaa government in Tamil Nadu have petitioned more than 100 defamation cases against journalists and opposition party candidates.

It is important to know what Defamation is. Defamation is a kind of legal mistake which causes problems on a person’s respect and character. His character is demoralized without proper witness and proof. Written or oral defamation are both under the slander category. When a person puts blame on another person with negativity and hidden agendas towards other, this comes under defamation.

If a person’s respect is reduced or his/her work is affected badly by such allegations then it comes under defamation.

There are some cases in which there is no defamation law to be established. These are –

· 1) If anything which is true and is brought to notice for public welfare.

·   2) Any working of court or publishing their right judgment.

Under Section 500 there is the provision of sentence for defamation. A person found guilty of defaming somebody will be jailed for two years or will be fined or both. Also, the lawyer has to present the facts correctly and prove that there has been defamation and the reason behind it. This law was made in our country by the British to stifle the voices of people and their rights. The fourth president of America James Edison said that “People have a right to censor the government and not vice versa”.

Fact – In Azerbaijan when the defamation case is proved then, the criminal is charged with 500 times of his nominal salary as fine.

Nandita jha advocate Delhi High Court

Source - Nandita jha advocate Delhi High Court in DB News

Abortion legalized for some special cases

Abortion legalized for some special cases 

The Supreme Court had given permission to abort under special circumstances to a rape victim some time back. Whereas high courts and session court had negated this permission as she was in later months of pregnancy, which was above the legalized period of abortion. Let us know more.

Supreme Court had given a historical judgment in which a 14-year-old rape victim was given permission to abort her 26 weeks issue. Also another statement was given in which it was clarified that this is not applicable in normal cases. Also, it should known that the Draft Medical Termination of Pregnancy Bill 2014, clarifies that an issue of 20 to 24 weeks can be terminated only when there is no big risk to the carrying mother.

The High court had denied the abortion of the above said rape victim and thus the Supreme Court had to give their verdict. Many cases of abortion come to the court. Haresh and Nikita Mehta had pleaded for abortion in 2008 at Mumbai High Court. She was carrying a 26-month-old issue, which had heart problems. High Court had denied the plea saying that there is no guarantee that the doctor did not say that after being born the child will have any big disease. 

The right to abort come sunder right to living for women. This should be granted in special conditions to the women. There are such cases in which abortion seems the better and correct solution like severe threat to the health of the mother or if it is confirmed in test that the child has some rare disease. There have been many such cases presented to the Court and there the court has not gone by the books of law but by a judicious mind.

We have a law regarding abortion. It is called medical termination of pregnancy act 1971. In normal cases, abortion is allowed between 12 to 20 weeks of the issue. This law is 45 years old and is based on the tests of those times. The law states that abortion can be carried only as under said circumstances-

·    When it is a threat to life of the mother.

·    The mother could have physical or mental problems because of the issue.

·     When the pregnancy is due to rape.

·     When the child is not developed and prone to be a handicap.

·    When abortive measures of both husband and wife or one of them has failed.

·     An issue of 12 weeks can be aborted with the advice of a gynecologist.

· For an issue of 12 to 20 weeks advice of at least two gynecologists is necessary.

International covenant on civil and political rights section 6 (1) states that It is not permitted to take away someone’s life as per our whims and fancies. A women’s right to living is related to right to abortion. The case of Savita Halappan in Ireland who was not permitted to abort and after which she passed away. This act was opposed all over the world. 

By Nandita Jha, High Court Advocate Delhi