The Bombay high court recently asked the state government to consider amending the passport manual with regard to issuing passports to children of unwed mothers and other similarly placed cases.
The Bombay high court recently asked the state government to consider amending the passport manual with regard to issuing passports to children of unwed mothers and other similarly placed cases.
The high court had said that it would frame guidelines for Passport Authorities to follow while issuing passports to children of unwed mothers. A division bench of justices VM Kanade and AR Joshi has kept the matter for hearing on March 16.
According to Raju Moray, advocate for the petitioner, compilation of issues which need to be addressed are — biological father, adoptive father or stepfather, children of divorced parents or those fighting for divorce and orphans adopted.
These issues are raised while considering passport applications of children of unwed mothers, children not wanting to put their biological father's name in passport application, cases where fathers don't want their names included in the children's application and non-adoptive children.
"Why is there an insistence on an applicant mentioning the name of his/her biological father? Can the Passport Authority insist on the biological father's name in cases of unwed mothers or victims of rape," asked Moray.
Another question raised is: "Does any international convention, treaty or covenant require it?"
The passport authorities insist that the stepfather legally adopt the child in whose name the passport is sought. However, in such cases there is a bar when the child has attains majority. "What if the child has attained majority and is hence not adoptable? Is insistence on the adoption of a major justified, especially when a major cannot legally be adopted in view of the aforesaid provisions?" asks Moray.
The bench is hearing a bunch of petitions challenging rejection of applications after the regional passport office insisted on the use of biological father's name in the column meant for 'father'. It was of the opinion that the issue will come up again and again in several matters. On January 23, the bench was informed that passports were subsequently issued to the petitioners.
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