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Karnataka High Court allowed an appeal on Wednesday that challenged a provision of a 2011 circular by the Karnataka Power Transmission Corporation Limited (KPTCL) that provided for illegibility of children born out of illegal marriages for compassionate grounds appointment.

Striking out the clause, the Karnataka High Court Division Bench headed by Justice B V Nagarathna observed, 

“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 petitioner’s father, who was working as a lineman, had died in June 2014.  Thereafter, the petitioner brought an application before KPTCL for consideration of his appointment on compassionate grounds. 

When his representation was rejected by the KPTCL, he filed a petition against 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.

His petition as well as review petition was dismissed by the single judge bench of the high court. Challenging the single bench order, the petitioner had approached the court. 

The divisional bench allowed the petition and addressed the grievance.

Before the court the KPTCL contended 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.

Rejecting the respondent’s contentions, the division bench stated, 

“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.”

Furthermore, noting the fact that the father of the petitioner died around seven years ago, the court directed the respondent to consider the application made by the petitioner in accordance with law within a period of two months from the date of receipt of certified copy of the judgment.

[With inputs from Swarajya's story: "There May Be Illegitimate Parents, But No Illegitimate Children: Karnataka High Court"]