New Delhi: The Delhi High Court has said that individuals have the right to change their surnames if they wish to not to be identified with a specific caste that could subject them to prejudice.
However, the court emphasised that this change would not grant any advantages or benefits associated with the adopted caste or surname, such as reservation benefits.
A bench of Justice Mini Pushkarna was dealing with a plea filed by two brothers who challenged the Central Board of Secondary Education’s refusal to change their father’s surname in their Class 10 and 12 board certificates.
Justice Pushkarna said that the Right to Identity is an intrinsic part of the Right to Life under Article 21 of the Constitution and that there is no denying the fact that the Right to Life includes within its ambit, the Right to Live with Dignity, which includes not to be tied down by any casteism that a person may face on account of the caste to which such person belongs.
Thus, if a person wants to change his or her surname, so as not to be identified with any particular caste that may be a cause of prejudice to such person in any way, the same is permissible, she said.
The brothers argued that their father had changed his surname from “Mochi” to “Nayak” due to the caste-based discrimination he experienced regularly. They presented evidence of the name change published in the Gazette of India.
The CBSE, however, contended that changing the brothers’ surname would also result in a change of their caste, which could be potentially misused. They argued that the request to change the father’s name, which was beyond school records, was impermissible.
The court, disagreeing with CBSE’s stance, granted relief to the brothers, deeming the denial by the board as unjustified.
The court said that individuals have the right to an identity that bestows honour and respect in society and if someone faces disadvantages or social prejudices due to their surname, they are entitled to change their identity to attain respectability in society.
The court noted that the father had already legally changed his surname, which was reflected in various government-issued documents.
Therefore, the court found no justifiable reason to deny a similar change in the brothers’ 10th and 12th CBSE certificates to accurately reflect their father’s new surname.
Consequently, the court quashed CBSE’s letter and directed the board to make the necessary changes to the brothers’ certificates to reflect their father’s modified name.
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