Right to Change One’s Name

June 17, 2023

The right to change one’s name has been a subject of legal scrutiny in recent cases. The High Courts of Allahabad and Delhi have ruled that this right is an intrinsic part of the right to life under Article 21 of the Constitution.

Ruling of Allahabad and Delhi High Courts

The High Courts of Allahabad and Delhi have played a significant role in recognizing the right to change one’s name. Both courts have acknowledged that this right is protected under Article 21, which guarantees the right to life. This landmark ruling establishes the importance of personal autonomy in choosing one’s name.

Delhi High Court’s Case: Sadanand & Anr. vs CBSE & Ors

In the case of ‘Sadanand & Anr. vs CBSE & Ors’, the Delhi High Court allowed two brothers to change their surname due to caste atrocities and social stigma. The petitioners sought to overcome the disadvantages associated with their original surname, ‘Mochi’. The court determined that the right to one’s identity is an inherent component of the Right to Life as enshrined in Article 21.

Contention of CBSE and Educational Certificates

The CBSE, in the aforementioned case, argued that changing the surname could lead to misuse and a subsequent change in caste. However, the Allahabad High Court emphasized that name changes in educational certificates must be simultaneously incorporated in all identity-related documents. This ensures consistency and prevents confusion or potential misuse of identification documents.

Precedent Case: Kashish Gupta vs. Central Board of Secondary Education

To argue for the right to change names, the Allahabad High Court relied on the case of ‘Kashish Gupta vs. Central Board of Secondary Education’. This case affirmed that the right to keep a name of choice or change it according to personal preference is part of the right to freedom of speech and expression under Article 19(1)(a), as well as the right to liberty under Article 21.

Importance of Name and Personal Preference

According to the Allahabad High Court, the right to change names is an intrinsic element of personal identity. It falls within the realm of the right to freedom of speech and expression and should not be hindered by state or its instrumentalities, except within the limitations prescribed under Article 19(2) or by just, fair, and reasonable laws.

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