'Anath' Not Stigmatic: Bombay High Court Dismisses PIL To Change Nomenclature For Orphans In Govt Records
Observing that there was no stigma attached to the word "anath", the Bombay High Court on Thursday dismissed a PIL seeking to change the nomancleature for an orphan in Government records from "anath" to "swanath" or self-made. A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar said that courts must be alive to the laxman rekha within which they must function. "We find...
Observing that there was no stigma attached to the word "anath", the Bombay High Court on Thursday dismissed a PIL seeking to change the nomancleature for an orphan in Government records from "anath" to "swanath" or self-made.
A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar said that courts must be alive to the laxman rekha within which they must function.
"We find no reason to entertain a PIL of this nature. The Marathi, Hindi and Bengali synonym of the english word orphan is common, ie anath. The word Anath has been used since ages. Not only that, orphanages are also called Anathashram. We don't agree that the word Anath when used to describe a person who has unfortunately lost both parents attached any stigma."
The bench found the PIL motivated as the petitioner's organisation was also named "swanath."
During the hearing on Thursday, Advocate Uday Warunjikar for the petitioner Swanath Foundation, submitted that the term 'Anath' reflects the vulnerability of the child which impacts their dignity.
"It means that every person has the inalienable right to live with dignified life without discrimination. The word "Anath" reflects a needy, helpless, and deprived child. However, the word Swanath is a Self-reliant and confident children," the plea adds.
However the bench wondered whether there any stigma attached to the word and instead asked the petitioner to pursue other remedies.
The bench further said that changing names doesn't help. "This is come from ages. It's universally accepted. What is the social stigma? Changing names doesn't help. This name is merely meant for the description of a category. We are not lawmakers and can't issue a mandamus like this."
"While considering a PIL, court must be alive of the laxman rekha within which it must function. This is not a case where we should push ourselves to the last line of the lakshman rekha," the bench added.
Case Title: Swanath Foundation Versus Union of India and Anr.
Citation : 2022 LiveLaw (Bom) 330