Right to choose or change name a fundamental right, rules Allahabad High Court

The petitioner contested the U.P. Board of High School and Intermediate Education’s refusal to update his name in his High School and Intermediate examination certificates.

In a landmark ruling, the Allahabad High Court has declared that the right to choose or change one's name is a fundamental right under the Indian Constitution. The court's decision came after a petition was filed by a man named Sameer Rao, who sought to change his name from "Shahnawaz" to "Md Sameer Rao" on his school certificates, reported Hindustan Times.  The petition argued that the refusal of his request violated his fundamental rights.

As per the ruling, delivered on Saturday, the right to change one’s name falls within the purview of several fundamental rights guaranteed by the Constitution. These include the right to freedom of speech under Article 19(1)(a), the right to personal liberty under Article 21, and the right to equality under Article 14. The court noted that an individual's name is a crucial part of their identity and that the right to choose or change one’s name is an intrinsic part of personal liberty, the report stated.

As per the HT report, the case stemmed from an earlier decision by the Uttar Pradesh Board of Secondary Education, which had rejected Sameer Rao’s request to change his name in his school records. The board cited a rule that allowed name changes only within three years of document issuance. The court, however, ruled that such regulations were arbitrary and did not align with the principles of fairness, justice, and equality enshrined in the Constitution.

The petitioner’s name was originally recorded as Shahnawaz in his High School and Intermediate examination certificates, issued by the Madhyamik Shiksha Parishad in 2013 and 2015, respectively. In September-October 2020, he publicly declared his name change from Shahnawaz to Md Sameer Rao.

Following this, he applied to the UP Board of High School and Intermediate Education in 2020 to have his new name officially updated in the records. However, his application was rejected by an order dated December 24, 2020.

The education board argued that existing regulations require a name change application to be submitted within three years of appearing for the examination. Since the petitioner applied seven years and five months after his exams, the board maintained that his request was invalid.

The court, however, rejected this argument, ruling that such restrictions were disproportionate, arbitrary, and unconstitutional. It held that these limitations violated Article 19(1)(a) (freedom of speech), Article 21 (right to personal liberty), and Article 14 (right to equality) of the Indian Constitution. The court stated that the restrictions imposed by the regulation were not reasonable and infringed upon the fundamental right to choose and change one’s name.

The bench, underscoring the significance of names, noted that a person’s name is an inalienable part of their identity, essential for social interaction and integration. It further remarked that the power and significance of names transcend time and geographical boundaries, playing a vital role in human existence.