Right to be identified by name fundamental to identity, says Delhi High Court

New Delhi: The right to be identified by one's name or as the daughter or son of one's parents is fundamental to an individual's identity, the Delhi High Court has said.

The court's observation came while dealing with a petition seeking a change in the name of the petitioner's father in her Classes 10 and 12 CBSE marksheets.

The court noted that the name mentioned in the Central Board of School Education (CBSE) certificates was admittedly not the petitioner's father's and that she gave her uncle's name at the time of registration as her father had expired.

Although there were certain discrepancies in the spellings of the name of the petitioner's father in various public documents, the court said a name is an identity marker and that a practical, and not pedantic, approach should be adopted in such cases.

'The court has to adopt a realistic approach in such cases, keeping in mind the pre-eminent consideration ... that a name is an identity marker and that the right to be identified by one's name, as also as the daughter or son of parents whose name is correctly mentioned, is fundamental to one's very identity as an individual.

'It partakes, therefore, of a primordial necessity and the court has, when petitioned in that regard, to ensure that the request, if genuine, is acceded to,' Justice C Hari Shankar observed in a recent order.

The court took into account documents, such as Aadhaar and domicile, to conclude that it is difficult to retain doubts about the petitioner's father's name, adding that when one transliterates a name from vernacular to English, the spellings might differ.

'The court cannot be hyper-technical in such matters and start rejecting the prayer for correction merely because of a slight difference in the spelling between 'Shrivastav' and 'Shrivastava',' it added.

The court directed the CBSE to forthwith issue fresh Class-10 and Class-12 marksheets to the petitioner, reflecting the correct name of her father.

Since there were 'slight differences' in the spellings of the name in various public documents, the court asked the petitioner to furnish an affidavit to the CBSE with respect to the correct name and indemnifying the board in that regard.