A petition before Calcutta HC for modifying advocate enrolment form to include the candidate’s mother’s details

Case: Mrinalini Majumdar v Bar Council of India
Bench: Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj

In response to a petition for modifying the advocate enrolment form so that the candidate’s mother’s name/details are included alongside those of the candidate’s father and husband, the Calcutta High Court sought responses from the Bar Council of India (BCI) and the Bar Council of West Bengal on Monday.

According to the plea, the current advocate enrolment form, which does not include the mother's details, discriminates against single mothers and violates their fundamental rights.

In response to the petition, respondents were given four weeks to respond, and the case was scheduled for a further hearing on February 6, 2023.

In her petition, Mrinalini Majumdar alleged that the State Bar Council displayed an overpowering streak of patriarchy in today's times by seeking only information on a candidate's father and husband.

In the plea, the petitioner pointed out that the application form does not grant a place to a candidate whose only parental identification is their mother.

According to the plea, everyone has the right to include their mother's name alone on their birth certificate and other documents under a Kerala High Court decision.

According to the petitioner, the exclusion of the mother's name violated fundamental rights under Articles 14, 19(g), and 21 of the Constitution.
The petitioner also informed the Court that detailed representations were made to the BCI and State Bar Council to raise this issue in September this year, but no response was received, leading him to approach the Court.

Besides adding a column for mothers' identifications, the petitioner also requested directions to amend the records of already enrolled advocates who wish to add their mothers' identifications.