New Delhi: The Delhi High Court has underscored the intrinsic right of an individual to be recognized by their own name or as the offspring of their parents, establishing this as foundational to personal identity.
This assertion emerged during the court’s examination of a petition that sought to amend the father’s name on the petitioner’s Classes 10 and 12 CBSE mark sheets.
The court acknowledged that the name listed on the Central Board of School Education (CBSE) certificates was admittedly not the petitioner’s father’s; instead, she had provided her uncle’s name at the time of registration due to her father’s passing.
While there were minor inconsistencies in the spelling of the petitioner’s father’s name across various official documents, the court emphasized that a name serves as a crucial identifier and advocated for a pragmatic, rather than rigid, approach in these matters.
“The court must adopt a grounded approach in such cases, keeping in view the primary consideration… that a name functions as an identity marker and that the right to be known by one’s name, and as the son or daughter of parents whose name is accurately recorded, is integral to one’s self-identity.
“Therefore, it represents a fundamental necessity, and the court, when addressed on the matter, must ensure that if the request is legitimate, it is granted,” Justice C Hari Shankar declared in a recent ruling.
The court reviewed documentation such as Aadhaar and domicile records and determined that lingering doubts regarding the petitioner’s father’s name were difficult to maintain. The court added that when transliterating a name from a local language to English, spelling variations may arise.
“The court cannot adopt an overly technical stance in these instances and deny the request for correction simply due to a slight variation in the spelling between ‘Shrivastav’ and ‘Shrivastava’,” it stated.
The court instructed the CBSE to promptly issue new Class-10 and Class-12 mark sheets to the petitioner, showcasing her father’s correct name.
Given the “minor discrepancies” in the spelling of the name across various official records, the court requested the petitioner provide an affidavit to the CBSE regarding the correct name and indemnify the board in this regard.
