In the past it was difficult for an unmarried single mother to raise a child. However, today there are a plenty of laws that favour the single mother and her child. From applying for sole guardianship of the child to not being forced to reveal the name of the uninvolved father against her will, a single mother today in more secure in a democracy like India than ever before. In case you are unaware of the rights of single mothers than here we are to make you aware of the same.
1. Guardianship of child born out of wedlock
In India there are many laws that favour the mother and child in case the infant is born out of wedlock. The mother is given the authority to be the sole guardian of the infant.
2. No legal recognition to the father who deserted
Single mothers no longer are helpless as they were in the past in case the father deserted. The ‘biological father’ who beyond conception had no role to play in the child’s birth and upbringing deserves no legal recognition. The Supreme Court says that in the best interest of the child, there is no need not be thrust the child upon the father who is uncaring.
The Supreme Court recognizes the right to privacy of a single mother. In no case can a single mother be forced to reveal the identity of the child’s father against her wish. If this is done then this right will be violated.
4. Child has the right to know identify of both parents
It is not only the single mother’s right that are kept into consideration by the Supreme Court. The rights of the child are also acknowledged. The child has all the rights to know the identity of both his parents. Mothers are interviewed to disclose the name of the father. The information is them kept in a sealed envelope that can only be opened as per certain specific directions by the court, that too when it is in the best interest of the child.
5. Issuance of a birth certificate
Supreme Court has directions regarding the issuing of a birth certificate for the child of a single/ unwed mother in India. By simply furnishing an affidavit, a single/unwed mother can apply for the birth certificate of the child. There is no need for the mother to disclose the name of the child’s father forcefully.
These are some of the basic rights that single mothers enjoy in India unlike ever before. Today it is comparatively easy with the help of these laws to take decision of giving a birth to child in case the biological father abandons the pregnant mother for any reason. We have presented this article in a lay man’s words so that it is easy to understand for those who have no legal knowledge. This article is merely for your knowledge but for more accurate reference you are suggested to take a help of some legal agent.