Individuals have fundamental right under Article 21 to change their names: Allahabad High Court

The Allahabad High Court recently held that individuals have the fundamental right to change their names as per their personal preference and this right comes within the scope of right to life under Article 21 of the Constitution. .In an order passed on May 25, single-judge Justice Ajay Bhanot observed that a name is of universal human value and a cherished right across jurisdictions. “The intimacy of human life and a person’s name is undeniable. The right to keep a name of choice or change the name according to personal preference comes within the mighty sweep of the right to life guaranteed under Article 21 of the Constitution of India. The importance of a name is an universal human value and a cherished right across jurisdictions. The fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India. But it is not an absolute right and is subject to various reasonable restrictions as may be prescribed by law,” the Court said. It, therefore, set aside an order of the Regional Secretary, Madhyamik Shiksha Parishad of Bareilly, Uttar Pradesh, which had rejected an application by a man seeking change of his name in the high school and intermediate certificates..The man's name was recorded as 'Shahnawaz' in the board of high school examination certificate and the intermediate examination certificate. He later changed his name to 'Md Sameer Rao' and the same was published in the gazette. He then made an application for change of his name in his schools certificates. The said application was declined by the State education board and this was challenged before the High Court.The Court observed that the application was rejected by the board citing restrictions under Regulations 40(ख) and 40 (ग) framed under the UP Intermediate Education Act..Under Regulation 40(ख), the application for change of name shall be entertained only if the name is gross or sounds offensive, or appears to be derogatory. As per Regulation 40 (ग), applications seeking to adopt nick names, names disclosing a person’s religion or caste or use of honorific word or a title will not be accepted..The High Court observed that for the purpose of change of name, the students appearing in different education boards across the country comprised one class.While the Central Board of Secondary Education (CBSE) bye-laws do not contain any restrictions as imposed in the Regulations, the Court deduced that students from UP Board were treated deferentially and discriminated against as regards their right to change of name. “This constitutes violation of right to equality under Article 14 of the Constitution of India. The restrictions contained in Regulation 40 (ग) are disproportionate and fail the test of reasonable restrictions on fundamental rights under Articles 19(1)(a), 21 and 14 of the Constitution of India. They are arbitrary and infringe the fundamental right to choose and change own’s name vested by virtue of the Constitution of India,” the judge emphasiesd. In view of the same, the court read down Regulation 40 (ग).With this the court also noted that the petitioner’s new name gave him a higher sense of self worth, and was within the scope of Regulation 40. .In light of this, the court set aside the regional secretary’s order and directed that the application of the petitioner to change his name from “Shahnawaz” to “Md Sameer Rao” be allowed.Hence, fresh high school and intermediate certificates incorporating the said change should be issued, the judgment said.[Read Judgment]