For child's passport, unwed mother needs to declare if she was raped: Centre to HC
Link:
https://timesofindia.indiatimes.com/City/Mumbai/For-childs-passport-unwed-mother-needs-to-declare-if-she-was-raped-Centre-to-HC/articleshow/44988057.cms
Observation:
1. A very regressive reply - stand taken by Union of India Advocate relying on 'guidelines' in a 'classified' Manual.
2. A child born by an unwed lady has 'fundamental rights' i.e. not to disclose which she does not want to disclose. Reason being how she conceives is her personal or circumstantial choice – marked with an eventful episode of her life as the personal facts may be and STATE (Union of India) has no rights under COI to 'force' such personal disclosures.
Illustration of application of COI – Religion is personal choice and not STATE choice and just like STATE cannot force a citizen to disclose h/er religion as it is h/er fundamental right to follow or not follow same way ‘how a unwed mother conceived a child is also her personal or eventful episode' and must be respectfully left un-stirred otherwise it becomes pervasive question whose sanctity under some guidelines in a classified manual Law has not given.
3. In case of child born out of 'rape' STATE should be sensitive enough and avoid asking a lady such traumatic (re-visit) question citing 'guidelines' in some 'classified' Manual.
4. Guidelines are not Law they are internal mechanism to resolve certain procedural matters in absence of Law or Statute or Amendments made to answer it as the case is.
5. Guidelines normally are recommended practice that allows some discretion or leeway or in its interpretation and are always subject to Constitutional validity if challenged.
6. The news reported ‘guidelines’ mentioned in Indian Passport Act ‘classified’ Manual is archaic and should be declared redundant by Bombay HC on NDOH is my view.
