Daijiworld Media Network – Mumbai
Mumbai, Feb 19: In a significant ruling underscoring constitutional values and gender justice, the Bombay High Court has held that a child can carry the name, surname and caste of her rape-survivor single mother.
A division bench of Justices Vibha Kankanwadi and Hiten S Venegavkar granted relief to a 12-year-old girl and her mother from Beed district, observing that recognising a single mother as the sole source of a child’s civic identity strengthens society.
“Recognition of a single mother as the full source of a child’s civic identity, name including lineage descriptor, and caste, where the facts warrant, does not dilute society but, on the contrary, it civilises it,” the bench said.
The court described the decision as a shift from patriarchal mandates towards constitutional freedom and dignity. It emphasised that by acknowledging a mother as the complete parent in every meaningful sense, the law ensures that no child bears the burden of the circumstances of birth or the wrongdoing of a parent.
“It marks a movement from patriarchal compulsion to constitutional choice and from lineage as fate to dignity as right,” the bench observed.
The case arose from a plea seeking permission to change the girl’s name, surname and caste in official school records. The mother and daughter sought to alter the caste entry from “Maratha” to “Scheduled Caste – Mahar,” reflecting the mother’s identity.
The girl was born after her mother was sexually assaulted by the biological father. A DNA test during the criminal investigation confirmed his paternity, leading to his name being entered in the birth certificate and school records.
On December 14, 2022, a settlement granted the mother permanent custody, with the father having no future role as natural guardian. The mother subsequently issued a Gazette notification to effect a name change for her daughter.
However, on June 2, 2025, the Education Officer (Secondary) rejected the request citing provisions of the Secondary School Code.
Advocate Sanghmitra Wadmare, appearing for the petitioners, argued that the mother has exclusive custody and is fully responsible for the child’s upbringing, education and maintenance. She contended that retaining the father’s name in school records was inaccurate and exposed the child to social vulnerability.
The bench held that substituting the mother’s name and surname in place of the father’s, when she is the sole guardian and caregiver, advances accuracy and protects the child’s welfare. It also aligns with the State’s policy that the mother’s name is mandatory in government documentation.
While noting that caste entries cannot be altered casually and schools are not caste-adjudicating bodies, the court rejected the idea that the State could impose a rigid patriarchal default. It observed that a child permanently severed from her father and raised solely by her Scheduled Caste mother cannot be compelled to carry the father’s caste identity, particularly when the record identifies him as an accused in a grave offence.
The ruling reinforces that identity must reflect lived reality, constitutional morality and the child’s best interests.