Delhi High Court rules student certificates must have mother's name, says it is archaic to not recognise mothers

The Delhi High Court recently held that the names of mothers must also be reflected in a student's certificates, degrees and other educational documents where the parent's name is to be mentioned [Ritika Prasad v Guru Gobind Singh Indraprastha University]. .Justice C Hari Shankar observed that just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child.To even question or deny this would suggest an archaic and unrealistic notion of gender difference, which is a notion that has clearly outstayed its welcome, the judge added.“I am, therefore, completely in agreement with Ms. Prasad [petitioner] in her submission that there is no reasonable justification for only mentioning the father’s name alone in any certificate relating to education or educational qualifications. It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother. The names of both parents should necessarily be reflected on the body of the certificate,” the Court held..It also hailed the fact that today nearly 70 percent of students passed out of law schools are girls.“To even psychologically compartmentalize human beings on the basis of sex and gender would be woefully anachronistic. It is a matter of pride and joy to this Court to see that a majority of young Counsel at the bar today – including the redoubtable Ms. Prasad – are girls, and, even more satisfyingly, I am informed that 70% of graduates from law schools today are girls. The artificial gender-based mental distinction that we have, over ages, drawn, based on a chance chromosomal circumstance, is now all but effaced. If there is still, among us, anyone who retains that mental block, it is time he woke up and smelt the coffee.”.The Court made these remarks while directing the Guru Gobind Singh Indraprastha University (GGSIPU) to include the name of both father and mother in the law degree of a student named Ritika Prasad who had completed her five-year BA LLB course from Amity University.Prasad had approached the Court stating that the degree issued to her on the completion of the course reflects only her father’s name and not her mother’s name..After considering the case, Justice Hari Shankar noted that the a 2014 circular issued by the University Grants Commission (UGC) already mandates that the names of the mother and the father of the student are to be mentioned on all educational certificates, degrees, and similar documents.The Court was told that the GGSIPU has held a meeting in this regard a decision is likely to be soon.The Court, however, said that it does not know how there is any scope for debate on this issue. “This Court, therefore, simplifies the task of the officials in the University by issuing categorical directions that, in future, every document relating to the students in which the name of the parents of the student is to be mentioned, would reflect the name of both the father and mother of the concerned student. This shall be treated as mandatory and non-negotiable," the Court ordered. .Justice Hari Shankar further ordered the GGSIPU to issue a fresh degree to Prasad in two weeks with the names of both her father and mother reflected on it.“Let a copy of this order be marked to the UGC for circulation amongst all Universities which come within its purview. The UGC is also requested to examine the suggestion contained in paras 13 to 17 supra. This Court appreciates the effort of Ms. Ritika Prasad in moving the present writ petition, which highlights a felt necessity of our times," the Court added..The petitioner, Ritika Prasad argued her case in person.GGSIPU was represented through advocates Kunal Mittal and Shiv Dutt Kaushik..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.