Fundamental right to - Change your name

THE ALLAHABAD HIGH COURT RENTLY HELD IN A CASE THAT ‘CHANGE OF NAME’ IS A FREEDOM INCLUDED UNDER ARTICLE 19 FREEDOM OF SPEECH AND EXPRESSION.

THE PRESENT CASE

• The Allahabad High Court was hearing a writ petition filed by a student for changing his name in CBSE mark sheets
• The student got his changed name published in Official Gazette and thereafter changed it in his government documents (AADHAR, PAN, etc.)
• However the CBSE refused to change his name in the mark sheets, reasoning that the CBSE regulations do not permit to do so
• Thereafter, the Writ Petition was filed by the student for violation of ‘Right to Speech and Expression’

ALLAHABAD HIGH COURT’S OBSERVATION

• The Court noted the fact that CBSE is a society registered under the Societies Registration Act
• The regulations cited by CBSE are its own bylaws
• The Court also observed that Right to freedom of Speech and Expression is a fundamental Right which can be curtailed on by restriction under Article 19(2)
• The Court thus observed that since name of a person is an ‘expression’, the CBSE bylaws cannot curtail the freedom of a person to change name.

WHAT IS RIGHT UNDER ARTICLE 19 AND ITS RESTRICTIONS?

• Article 19(1) enshrines six freedoms which form a part of Fundamental Rights
• Article 19(1)(a) is Right to Freedom of Speech and Expressions
• This freedom is considered essential in any Democracy
• Article 19(2) has enumerated certain restrictions on the aforesaid freedom viz. security of State, friendly relation with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

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