- The beauty of any democratic form of governance is the guaranteed rights for the citizens as enunciated in the Constitution. The Indian constituent assembly members were not only farsighted in their wisdom to introduce extremely delicate and sensitive measures in the Constitution but also endowed with first-hand experience about the challenges encountered by ordinary citizens. Thus, when the Indian Constitution was being drafted, our forefathers were way ahead of the times to foresee certain situations that might potentially become a bone of contention amongst the diverse culture, traditions, ethnicity, religion, and languages dotting the huge swathe of our landscape.
PC: ET Bureau
- Thus, the Constitution framed on the firm edifice of rights has stood the test of time. Here, the role essayed by the custodian of the Constitution, the Supreme Court, must be lauded for upholding the true virtues time and again. Yes, there were avoidable blips in the form of indiscretions – a case in point is during the infamous emergency during the Congress’s rule – but overall, the SC has essayed a commendable role so far. However, the SC is called into action whenever a tricky question about the suitable interpretations of the Constitutionally guaranteed rights arises. The nation is witness to several incidents when the aggrieved individual(s) approach the courts seeking relief and remedies.
- Of course, that changing one’s name is a fundamental right has been made crystal clear by the courts. Nonetheless, the matter keeps cropping up quite often. Look at the ruling of a case in the Allahabad high court recently. Brief facts of the case are these: After Shahnawaz legally changed his name to Md Sameer Rao and applied for this change in his school certificates too, the UP education board rejected his application, but the court found this rejection arbitrary and misdirected in law. It said that name imparts a unique identity to each human being and choosing/changing it is a constitutionally protected freedom. Plus, there should be full coordination between central and state authorities on this.
PC: Jasbir Malhi
- Note that it is discriminatory when CBSE bylaws allow this while the UP board doesn’t. Also, after the school certificates there shall be the matter of getting the name changed for an Aadhaar, ration card, voter ID card, etc. Wives and celebrities have of course been doing this as a matter of course. Make no mistake, the rebranding of the self has become more doable, desirable, and democratized. In India, the trends include both eliminating caste and religion markers from one’s new name and doubling down on such inheritances. Numerology is another popular motivation. Moreover, official bodies that so freely go about renaming places and institutions should not obstruct citizens’ exercise of this right for the self. Let’s not impede the rights with trivialities.
