Why can't mum's name be enough to apply for passport? Debate continues

Several issues arise when a woman, who is either a single parent or has separated or remarried, applies for a passport for her child, one of them being the insistence of the passport authority that the biological father's name be mentioned in the application form. It has created hurdles in several cases, resulting in legal battles. But in the end, after court orders, the authority has issued passports to such children.

What's the main question?
The primary question plaguing parties concerned is why can't mother's name be enough to apply for a passport, especially as a single woman can be a natural guardian and also a parent.

Which issues need looking into?
The grey area created, in which guidelines need to be framed, cover issues relating to biological father, adoptive father or stepfather, children of divorced parents or those fighting for divorce, and orphans who have been adopted.
The Bombay high court is looking into these aspects and is expected to frame guidelines soon.

What other problems can arise?
Apart from raising issues while considering passport applications of children of unwed mothers, a different set of problems is presented when there are cases where children don't want to put their biological father's name in the application and even cases where fathers themselves don't want their names included in the children's application.

What are experts saying?
Raju Moray, advocate for one such daughter, questions, "Why is there pressure on an applicant to give 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? Does any international convention, treaty or covenant require it (name of only the biological father)?"
In cases where the woman has remarried, the passport authority insists that the stepfather legally adopt the child in whose name the passport is sought. However, in such cases, there is a rider once the child attains majority — s/he can't be adopted as per the rules.

"Is insistence on the adoption of a major justified, especially when a major can't legally be adopted in view of the aforesaid provisions?" asks Moray.
Even in such cases, the passport authority insists that the name of the biological father be given or his consent be gotten. "What about non-custodial biological father, who has abandoned the child and/or whose whereabouts are unknown? How can his consent be obtained? Why can't he be deemed absent?" is another issue, say experts.

What about orphans?
The biggest hurdle is faced by couples who have adopted orphans — how can the name of biological father be given in such cases? The issue which will be examined by the court is: When orphaned children are adopted under section 41 of the Juvenile Justice Act, 2000, can there be an insistence on writing the name of the biological parents?

No permanent solution?
Whenever individuals move court and get favourable orders, the authority issues them passports as a temporary solution, with the name of the father blank, stepfather listed as father on the basis of an affidavit by the mother, validity of adoption not questioned, and passport issued without a registered adoption deed.

CASE STUDIES
Authorities must handle these issues sensitively, says mum of two
Radhika (name changed), who works in a private airline company, has been visiting a court in Thane for long to get an order directing the Regional Passport Officer to process her two children's passport applications without insisting on an undertaking from their biological father.
The mother of two, aged 11 and 15, remarried in 2012 after being granted an ex-parte divorce decree by the family court from her ex-husband, to whom she was married for 10 years. The family court order, which has not been challenged in HC, granted permanent custody of the children to her.
However, when in February 2014 she applied for passports for the two, the matter was kept pending. "The initial responses we got from the authorities were police verification was negative and even that my children were not citizens of India. This forced us to approach the passport officer. That's when I was told that the biological father's consent will be required to process the application."
Except the birth certificate, which has the biological father's name, all other documents of the children have the stepfather's name, who is now their guardian. Radhika says, "We expect the authorities to handle such matters in a sensitive way. The whole thing is already very difficult during the family court proceedings, and to follow up in court to chase an ex for consent becomes taxing. Moreover, in my case, only because of the delay by authorities in processing the applications, I am made to stay away from my husband. Isn't that mental harassment?"
Radhika's petition in the Thane court seeking directions to the passport officer is likely to come up for hearing on April 2.

'Valid adoption deed, Aadhaar cards for the kids; what more do they want?'
Nilufer Mistry has adopted two children, though she hasn't yet applied for their passport. But hearing about cases of authorities seeking consent from biological father has made her worry. "Such rules are irrelevant in today's day and age. I am a single parent, from where will I get the name of the biological parents of my adopted children? Only because of this will my children be denied passports?" she rues.
Mistry, who freelances as a tour guide and Japanese language interpreter with a private tour company, has travelled extensively.
After 2008, when she adopted the children, she lessened her travel, but now wants restart. "The children have Aadhaar cards, are studying in school and staying with me as per a valid adoption deed. Is all this not sufficient for the authorities?" she questions, adding, "Laws must be progressive, not regressive."

—As told to Mustafa Plumber