'Child has the right to use mother's surname; Father does not own daughter': Delhi HC

Adding to the string of recent judgements which quash patriarchal remnants, on August 6, the Delhi High Court observed that a father does not own the daughter to dictate terms and that every child has a right to use his or her mother's surname. Justice Rekha Palli made certain observations while hearing a plea in the Vindhya Saxena v East Delhi Municipal Corporation.

The Delhi HC disposed a plea filed by a father of a minor girl who sought directions so that his name was reflected as the daughter's surname officially in the documents and not the mother's name. The court stated that every child has a right to use her/his mother's surname if they wished to.

Declining the plea, Justice Palli said, "The father does not own the daughter to dictate that she should use only his surname. If the minor is happy with her surname, what is your problem?"

'It is upon the will of a child to choose her/his surname': Delhi HC

The advocate appearing on behalf of the father submitted that a minor does not decide on such issues for herself as she was a minor. While submitting that his ward's name was changed from 'Srivastava' to 'Saxena' by his estranged wife, he mentioned his apprehension that the name change would make it difficult to avail insurance claims from LIC as the policy was undertaken in the name of the child with her father's surname. 

"I see no merit in the present writ petition. The apprehension that the LIC will be dishonoured is misconceived and is an attempt to somehow set score with his estranged wife," the Delhi HC observed.

Justice Rekha Palli declined to allow the plea and disposed of the petition that granted liberty to the man to approach his daughter's school to reflect his name as the father. 

Recent judgements by High Courts observing women's rights and safety

Back-to-back HC verdicts boost women's safety

Widening the confines of the law against rape, the Kerala High Court made a landmark judgement on August 4 stating that the act of an accused rubbing his penis against the victim's thighs will amount to rape. The court ruled that if an act, though non-penetrative, provides sexual gratification to the accused similar to that of penetrative sex, it will be held as rape under the Indian Penal Code. The counsel for the accused contended that the man inserted his genitals between the victim's thighs and that such an act would not attract the offence of rape, as defined under Section 375. 

However, the Kerala High Court noted that the law on rape has been amended through the years to widen the scope of its definition, and the same also includes penetration of any part of a woman's body. In this case, the act of manipulating a minor's body to simulate penetration also serves as a wider interpretation of rape, the court said. 

Meanwhile, the Allahabad High Court on August 5 underlined the legal requisite to provide a vivid and specific framework to deal with cases where a man obtains consent for sexual intercourse on the false promise of marriage. Justice Pradeep Kumar Srivastava referred to the mindset as 'fedual and male chauvinistic', treats women as nothing but an 'object of enjoyment'. He added that such a mindset should be dealt with strictly so as to increase a sense of security and protection in the mind of women.