Single mother can apply for child's passport without father's signature: HC

DELHI: When Mythili Krishnan, a single mother got a job opportunity in New York, she felt like she was on cloud nine.
A data mining analyst with an MNC, all she wanted was to get out of Chennai with her child and leave behind the memories of her divorce. But reality hit hard at the passport office when she was informed she could not leave without the child's father's signature.

With the recent ruling in the Delhi high court that a single mother can apply for a child's passport without the father's signature, women in the same situation as Mythili are overjoyed as they feel it is vindication for them; their struggle and their identity .

The Delhi high court also observed that, "In today's society, where women are choosing to raise their children alone, we see no purpose in imposing an unwilling and unconcerned father on an otherwise viable family nucleus. It seems to us that a man who has chosen to forsake his duties and responsibilities is not a necessary constituent for the well-being of the child."

Activists say this ruling will bring the right balance to the system.

"In India, in 90 to 95 percent cases, custody is given to the mother, unless she has a criminal record or she can be proved insane.

But at the passport office, it's a different scenario.

There, a father - divorced, separated, single or legally married - has complete authority and can get a passport without the mother's consent. Only if he tries to take the child out of the country can the mother get a court injunction to prevent this. But for a single mother, she cannot even apply for a passport without the father's signature and a no objection certificate. So this is a great step towards more gender-neutral parenting custody laws," says Suresh Ram, member of the Chennai chapter of All India Men's Welfare Association (AIMWA).

Some men's rights organisations say the next step forward will be stronger gender-neutral parenting laws.

"We have known of cases, where fathers have tried to take the child out of the country surreptitiously , or kidnapped the child. Mothers have had to file injunctions in court to prevent that," says AIMWA Ram.

P Wilson, former additional solicitor general of India believes that this "highly progressive move" will go a long way in helping single mothers as the ruling covers unwed mothers, sex workers, surrogate mothers, rape survivors, children abandoned by father and also children born through IVF technology .

Another crucial issue is that the ruling will give women far greater freedom when it comes to their career choices or studying abroad with their child. Lawyers though say that it will take some time for the decision to be implemented by the passport office.

"The ruling directs the passport office to accept applications even where the father's name is not mentioned. Earlier, the software didn't permit such an entry . Now with the ruling that procedures should not in any way hamper an individual's liberty it will bring great relief in certain quarters; particularly for unwed mothers and rape victims," says Beaula Jemima, a lawyer.