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This is a sad story of a mother and her son. The 2 nd petitioner is an unfortunate mother who conceived the 1st petitioner while she was a minor under a mysterious circumstance by an unidentified person. This writ petition is filed by the petitioners to expunge and remove the father's name from the birth register maintained by the office of the 1st respondent with respect to the 1st petitioner and issue a certificate showing the mother's name only as a single parent. A child of an unwed mother is also a citizen of our country, and nobody can infringe any of his/her fundamental rights, which are guaranteed in our Constitution. He/she is a son/daughter of not only the unwed mother but this great country "India." We need to live in a country where there will be no example to cite for the word "bastard" and let that word continue in the dictionary pages without getting an opportunity to give examples to the young student generation of English. The children of unwed mothers and the children of raped victim can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the constitutional Court of this country will protect their fundamental rights. The Apex Court has held that a woman's reproductive choice is a fundamental right and compassed the same under Article 21 of the Constitution of India. In Suchita Srivastava and Another v. Chandigarh Administration [AIR 2010 SC 235], the Apex Court held thus:

7. The 1st respondent is the statutory authority under the Central Act, namely The Registration of Births and Deaths Act, 1969 (for short, the Act 1969). The 1 st respondent is chronologically the first authority to record the name of the parents. Section 15 of the Act 1969 gives power to the 1 st respondent to correct the entries. The State of Kerala framed Rules as per the Act, which enables such correction and deletion of errors that are wrongly or improperly made. Moreover, the Government of India, as per Ext.P3 letter, circulated to all Chief Registrar of Births and Deaths in the country directing that the name of the single parent will be written in the birth record, and the name of the other parent must be left blank if such requests are made. This letter was issued in the light of the judgment of the Apex Court in ABC v. State (NCT of Delhi) [2015 (10) SCC 1]. In the light of the law declared by the Apex Court and clarified by the direction in Ext.P3, it is the case of the petitioner that the 1 st respondent is bound to expunge the name of the father from the Birth Register and based on which the other respondents are also bound to correct the records in tune with the same. Hence this writ petition is filed with following prayers:

17. Moreover, in Ext.P3, which is the letter issued by the Government of India, the Ministry of Home Affairs clarified the position in the light of the decision of the Apex Court in ABC's Case (Supra). It will be better to extract the contents in Ext.P3 here:

To, All Chief Registrar of births and deaths Dated: 21-07-2015 Sub. Honble Supreme Court Judgment regarding registration of birth of a child in case of single parent / unwed mother/RE HIGH OF KER Sir, Your attention is invited to the recent Judgment of Honb'le Supreme Court of India delivered on 6th July, 2015 in respect of ABC (Appellant) versus the State (NCT of Delhi), Civil Appeal No. 2015 arising out of SLP (civil) No 28367of 2011. This appeal is directed against the High Court, Delhi Judgment dated 08-08-2011. The said appeal was filed under Section 7 of the Guardians and Wards Act, 1890. 2. The Honble Supreme Court in its Judgment stated that "If a single parent/unwed mother apply for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary" The Court also directed that no citizen suffers any inconvenience or disadvantage merely because the parents fail or neglect to register the birth.

3. Taking into consideration the above direction, you are requested to issue the necessary direction to the concerned registration functionaries for strict compliance of above direction and ensure that no one is denied birth registration of a child of a single parent / unwed mother. In such cases, the name of single parent will be written in the birth record and name of other parent will be left blank.

For registration of such cases, the requisite documents as suggested by the Honble court should be retained as permanent record. This office may be apprised about the action taken in this regard."