Right to change one’s name is part of the right to life

Right to change one’s name is part of the right to life

Subject : Polity

Section: Constitution

Concept :

• he right to change one’s name is a fundamental right guaranteed by Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
• Recently, two Indian High Courts confirmed this privilege, allowing persons to change their names on educational diplomas.

Details

• The right to change one’s name is a fundamental right that is protected by the Constitution of India under Article 21, which guarantees the right to life and personal liberty.
• This right is not only about the freedom to choose one’s identity but also about the dignity and self-respect of an individual.
• Recently, two High Courts of India have upheld this right and allowed people to change their names on their educational certificates.

Observations by the HCs

• Allahabad HC :
• The court observed that the right to keep or change one’s name is vested in every citizen under Articles 19(1)(a), 21, and 14.
• Delhi HC :
• The court noted that the right to identity is an “intrinsic part” of the right to life under Article 21 and that it includes the right to have one’s name or surname as per one’s choice.

Right to Change Name

• The right to change one’s name is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.
• It is often exercised for various reasons, including personal preferences, religious conversions, marriage or divorce, or to overcome social or cultural barriers.
• Individuals may choose to change their names to reflect their gender identity, religious beliefs, or to align with their professional or artistic pursuits.

Process to change the name

• Prepare a petition stating the desire to change the name and reasons for the change.
• Prepare an affidavit affirming the intention to change the name and get it notarized.
• Publish a notice in two local newspapers announcing the name change.
• Apply for Gazette notification through the Department of Publication.
• Gather supporting documents like identity and address proof.
• File the petition, affidavit, and supporting documents in the appropriate court.
• Attend the court hearing and provide necessary explanations.
• Obtain a court order approving the name change.
• Update official documents with the new name.

Restrictions on the Right to Change Names

• Although the right to change names is a fundamental right, it is subject to reasonable restrictions.
• Restrictions imposed by law must be fair, just, and reasonable.

Principle of proportionality and the value of human dignity play important roles in determining the reasonableness of restrictions (Jeeja Ghosh vs. Union of India, 2016).