Apart from hard-work and strong determination, Justice B.V.Nagarathna is known for championing the cause of children branded by society as illegitimate. Two judgments reflect her commitment for the cause of these ‘Children of a lesser God’ who had/have no say about their status.
‘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 the Parliament to bring about uniformity in law vis-à-vis legitimacy of children. Thus, it is for the Parliament to determine in what way protection could be extended to children born outside a valid marriage. Justice Nagarathna boldly declared in K. Santosha vs The Karnataka Power Transmission Corporation Limited. (Writ Appeal 2495 of 2019 decided 24 June 2021). In the matter of compassionate appointment Justice Nagarathna declared that 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 by treating them on par with children born out of void and voidable marriages under the Hindu Marriage Act or the Special Marriage Act, 1954, insofar as the appointment on compassionate basis is concerned, as interpreted by us, under the Regulations under consideration .
In Padmavathi and another vs Jayamma and others. Regular First Appeal 916 of 2014 decided on 15 May 2020. Justice B.V. Nagarathna co-authored the judgment and observed that Children born to parties who have not solemnised their marriage but are in a domestic relationship or relationship in the nature of marriage shall also be entitled to benefit of legitimacy. Though, a Hindu marriage is a sacrament and has great importance in Indian Society, yet, when two parties who are in a domestic relationship and cohabit together and conduct themselves in a manner which are as per the guidelines enunciated by the Hon’ble Supreme Court in Indra Sarma, then the relationship is in the nature of marriage. Thus, if the parties are in a domestic relationship involving the attributes which have been set out above, then it must be held to be a relationship in the nature of marriage. Whether off-spring of such relationship would have to be protected under Section 16 of the Act is the next issue which required elaboration.“
It is a proud moment for Karnataka. Justice Nagarathna is appointed as Judge of the Honorable Supreme Court of India taking her mission of social justice to the highest seat of Judiciary.
Daksha Legal 