Person Has Right To Specify Only Mother’s Name In Identity Documents; None Should Suffer Insult Faced By Karna Now:.
Background and Context
The statement alludes to a person’s right to identify themselves by their mother’s name alone in official identity documents, without any coercion or societal pressure to include the father’s name.
The reference to Karna is symbolic and philosophical, drawn from the epic Mahabharata. Karna was born to Kunti (his mother) but was raised by a charioteer family. Despite being a great warrior, he suffered social stigma and insult because his lineage (father’s identity) was questioned or unknown to society. This is a metaphor for the discrimination a person might face when their parentage is not aligned with societal expectations.
Explanation
1. Right to Specify Mother’s Name Alone
Personal identity and autonomy: Every individual has the right to define their identity, including how they want to be represented in official documents.
No legal compulsion: There is no inherent legal requirement that a person must mention their father’s name in official documents.
Respect for maternal lineage: In many cultures, paternal lineage has been emphasized, sometimes sidelining the mother’s identity. Recognizing the mother’s name alone respects maternal identity and counters patriarchal bias.
2. Protection against Insult and Discrimination
Using only the mother’s name should never be a ground for insult, discrimination, or denial of rights.
Drawing from the example of Karna, who was insulted due to his unclear paternal identity, the statement advocates against such social prejudice.
Modern laws and principles of equality require that no person be discriminated against based on their parentage or how they identify their lineage.
Case Law (Without External Law — meaning without referencing statutes or foreign laws, but rather relying on legal principles and judgments)
Here’s a conceptual explanation of how courts have addressed similar issues:
Principle of Equality and Non-Discrimination:
Courts have held that identity and dignity of a person must be respected.
Any rule or practice that forces a person to specify only the father’s name infringes upon their personal liberty and equality.
The right to specify the mother’s name alone falls under the right to privacy, personal liberty, and dignity.
Relevant Judicial Reasoning (Hypothetical illustration):
Suppose a person approached the court seeking to have their identity document issued with only their mother’s name.
The court would examine whether any law mandates mentioning the father’s name.
Since no law expressly compels it, the court would uphold the person’s right to self-identify.
The court would emphasize that any stigma or insult faced due to this choice would amount to violation of fundamental rights of dignity and equality.
Key Legal Principles Supporting the Right
Right to Privacy: Choosing how to present one’s identity is part of the privacy right.
Right to Equality: No discrimination based on parental lineage.
Right to Dignity: Preventing insult and social stigma related to parentage.
Freedom of Expression: Identity is a form of expression.
Summary
A person has the fundamental right to specify only their mother’s name on identity documents.
Society and law must ensure that no person faces insult, discrimination, or prejudice for exercising this right.
The example of Karna serves as a metaphor for the unfair stigma that can arise if maternal lineage is not respected.
Courts would support this right based on principles of personal liberty, equality, and dignity, rejecting any mandatory imposition to mention the father’s name.
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