The Karnataka High Court said on Wednesday that law should recognise the fact that there may be illegitimate parents, but no illegitimate children.
A division bench headed by Justice B V Nagarathna made this observation while allowing an appeal filed by a petitioner, who was denied eligibility for compassionate grounds appointment based on a 2011 circular by the Karnataka Power Transmission Corporation Limited (KPTCL).
One of the clauses of the 2011 KPTCL circular said the second wife or her children are not eligible for compassionate grounds appointment, insofar as it deals with children of the second wife, if the marriage has taken place during the subsistence of first marriage.
The petitioner’s father, who was working as a lineman, had died in June 2014. When his representation requesting to consider his case for compassionate grounds appointment was rejected, he filed a petition. His petition as well as review petition was dismissed by the single judge.
The KPTCL pressed the contention that the petitioner’s father had married for the second time during the subsistence of his first marriage. Hence, his mother was not a legally wedded wife and therefore, he was not a legitimate son.
The division bench pointed out that insofar as the appointment on compassionate basis is concerned, children born out of void and voidable marriages, under other personal laws where there is no provision for conferment of legitimacy, must also have equal protection of the law.
“We add that no child is born in this world without a father and a mother. A child has no role to play in his/her birth. Hence, law should recognise the fact that there may be illegitimate parents, but no illegitimate children. Therefore, it is for Parliament to bring about uniformity in law vis-à-vis legitimacy of children. Thus, it is for Parliament to determine in what way protection could be extended to children born outside a valid marriage,” the court said.
The respondents have been directed to consider the application made by the petitioner in accordance with law. The court said the consideration shall be made within a period of two months from the date of receipt of certified copy of the judgment, as the employee died around seven years ago.