Delhi High Court Upholds the Right of a Child to Preserve His/Her Identity and Individuality Through Their Names

Must Read

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus....

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Follow us

The petitioners in the present matter are young persons who were aged between 19 years to 22 years when they had first approached the court. They are orphan and have been brought up in a safe and secure environment provided by Udayan Care Home under the directions issued by the Child Welfare Committee.

The petitioners were admitted to regular schools located in various parts of Delhi which were affiliated to the Central Board of Secondary Education (CBSE). The petitioners cleared the Grade-X and Grade-XII from these schools. The petitioners at the time of filling the admission form used ‘Udayan’ as their surnames which is the name of the Home they were housed in. However, the petitioners want to change their surname now and had approached CBSE to delete the word “Udayan” from their names in their respective certificates. Since the CBSE did not oblige to the request, the petitioners moved the Court by way of the writ petition.

Submissions by the Respondent

It was submitted by the respondent in their counter affidavit that the request of the petitioners could not be entertained as the request for correction was made beyond the period of one year, commencing from the date of declaration of their Writ Petition.

Court’s Observation

The court stated that the core issue in front of them is to determine whether the word “Udayan” shall be dropped from the respective names of the petitioners.

The court alluded to the expression “unfamiliar terrain” while narrowing down the present issue as the CBSE’s Examination bye-laws do not deal with a situation where the change in name is sought by an abandoned or an orphaned child. The court stated that

The Examination bye-laws, facially, seem to cater to only those children who are born and raised in regular homes.

The court observed that the argument of the respondent that the petitioners have lost the opportunity to seek a change in their names was both pedantic and prosaic. The honourable court further referred to Article 7 and Article 8 of the United Nations Convention on the Rights of the Child (UNCRC), which provides that every child has a right to bear a name and via her or his name preserve her or his identity and individuality.

Delhi High Court, Delhi HC Allows Bail Application, Gaucher Disease, Eidgah Old Mustafabad CampThe court referred to the case of Jolly George Varghese v. Bank of Cochin and observed that as the provisions under Article 7 and Article 8 of UNCRC are not contrary to any municipal law, it shall be implemented in full-play.

The court opined that while exercising the power under Article 226 of the Indian Constitution, the court is duty-bound to correct the wrong done to the petitioners. Hence, the petitioners are entitled to reclaim their individuality and identity by insisting on inclusion in their Grade-X and Grade-XII certificates, the name by which they wish to be known.

The court ordered the CBSE to delete the suffix ‘Udayan’ from the names of the petitioners as appearing in their grade-X and grade-XII certificates, as also, in the mark sheets generated qua the said grades. The court directed the petitioners to provide their grade-X and grade-XII certificates to the Board, within three weeks, in order to facilitate the changes to be made.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that the petitioners were entitled to...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Plea Challenging the AIBE Rules Framed by BCI Filed in the Supreme Court

A Writ Petition was presently filed in the Supreme Court by a newly enrolled lawyer challenging the All India Bar Examination Rules 2010 which have been framed by the Bar Council of India which mandates that an advocate has to qualify for the All India Bar Examination (AIBE) to practice law after enrollment.

Bombay High Court: Mere Presence at the Crime Scene Not Enough for Punishment

The Bombay High Court ruled that it cannot be considered a crime if a person is merely present at the crime scene which falls under the Maharashtra Prohibition of Obscene Dance in Hotels and Restaurants and Bar Rooms and Protection of Dignity of Women Act 2016. It also quashed two First Information Reports (FIR) against two individuals who were arrested in a raid at a dance bar by the Santacruz Police, in 2017.

CAIT Files a Plea Against WhatsApp’s New Privacy Policy in the Supreme Court

Confederation of All India Traders (CAIT) has filed a petition against WhatsApp’s new privacy rules in the Supreme Court. The petition says that WhatsApp which is known to render public services by providing a platform to communicate has recently imposed a privacy policy that is unconstitutional, which not only goes against the fundamental rights of citizens but also jeopardizes the national security of our country.

RTI Activist Files a Plea in Bombay High Court Against Bharat Biotech’s Covaxin

On Saturday, a plea has been filed before the Bombay High Court by an activist stating that Bharat Biotech Covaxin had not been granted full approval but a restricted use in clinical trials according to the Drugs Comptroller General of India. The Company's phase 3 trials are ongoing and the DGCI has not made any data available in the public domain for peer- review by independent scientists.

More Articles Like This

- Advertisement -