Individual Facing Casteism Has Right To Change Surname: Delhi High Court
NDTV
The Right to Identity is an intrinsic part of the Right to Life under Article 21 of the Constitution of India," the court said.
Stating that the right to live with dignity includes not being "tied down by casteism", the Delhi High Court has directed the CBSE to comply with the request of two siblings belonging to the Scheduled Caste community to update their father's surname, which he has changed due to social stigma, in their Class 10 and 12 certificates.
Justice Mini Pushkarna said the denial by the Central Board of Secondary Education (CBSE) in carrying out the requisite change in the certificates was "totally unjustified" and if a person wanted to not to be identified with any particular caste that may be a cause of prejudice, the same is permissible.
"It is to be noted that the petitioners have every right to have an identity which gives them an honourable and respectable identity in the society. The Right to Identity is an intrinsic part of the Right to Life under Article 21 of the Constitution of India," the court said.
In response to the petition, CBSE had said the change in the surname would entail a change in the caste of the petitioners, which could be misused.