Sharad Yadav to move Private Bill in Parliament for mother to be child's guardian

JD(U) president Sharad Yadav on Monday sought an amendment in the Constitution to provide mothers the right of sole guardianship of a child and said he would bring a Private Member Bill for this in the coming Monsoon Session of Parliament.

PTI| Updated: Jul 13, 2015, 21:55 PM IST

New Delhi: JD(U) president Sharad Yadav on Monday sought an amendment in the Constitution to provide mothers the right of sole guardianship of a child and said he would bring a Private Member Bill for this in the coming Monsoon Session of Parliament.

Hailing the Supreme Court order that said an unwed mother can become her child's sole guardian without the father's consent, Yadav said he would go a step further to demand a mother's right to guardianship without any requirement to mention the father's name in the record.

"I am of the view that for all purposes mother should be the sole guardian even if the father is living with her and (the couple) has good relationship too... I am planning to bring a Private Member Bill in the coming session of Parliament in this respect," he said in a statement.

Yadav, who was been accused in the past of taking sexist jibes at women, said he was overwhelmed with this landmark judgement.

In a landmark judgement, the Supreme Court on July 6 ruled that an unwed mother can be appointed as the sole legal guardian of her child without the consent of the father.

The apex court came to the rescue of an unwed mother who is opposed to naming the biological father of her child, by directing a local court here to recall an earlier order and decide afresh her plea that she be declared the guardian without any notice to the father.

Referring to various civil and common law jurisdictions across the globe, a bench of justices Vikramajit Sen and Abhay Manohar Sapre said the "welfare of the minor child" was more important than the rights of an "uninvolved father".

The bench, while allowing the plea of the mother, gave a common direction to the authorities to issue birth certificate to the children of "single parent/unwed mother" on furnishing of an affidavit alone.