Right to be identified by name fundamental to identity, says HC
Although there were certain discrepancies in the spellings of her father’s name 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.
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 said.
The 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, as she gave her uncle’s name as her father had died.
Although there were certain discrepancies in the spellings of her father’s name 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,” Justice C Hari Shankar observed in a recent order.
“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’,” the judge added in the order.