New Delhi: The government addressed the Rajya Sabha regarding recent changes to the name change process, specifically concerning married women reverting to their maiden surnames on July 29. The clarification was issued in response to a petition filed in the Delhi High Court challenging a controversial gazette notification. The court has scheduled a hearing for August 7 to further review the matter.
Government's Response And Clarification
In his response to Trinamool Congress MP Saket Gokhale, Minister of State for Housing and Urban Affairs (MoHUA) Tokhan Sahu explained that the government’s clarification aims to prevent legal complications and ensure the integrity of name change notifications. Sahu noted that the guidelines for name changes, including those for reverting to a maiden surname, have been revised periodically to address potential misuse and maintain legal sanctity.
The minister elaborated that a name change, which involves altering an individual's identity, necessitates stringent scrutiny to avoid any legal issues. This includes ensuring that the process adheres to minimal essential requirements to prevent litigation and preserve the credibility of gazette notifications.
The Controversial Clause
The focal point of the controversy is a clause that requires married women to obtain a no-objection certificate (NOC) from their husbands before reverting to their maiden surnames. According to Sahu, this requirement is designed to notify the husband of the name change and to address any possible legal disputes or consequences that might arise. The minister's response did not specify when this clause was introduced but emphasized that it serves to prevent any legal disputes or complications related to name changes.
Sahu also indicated that the need for the NOC is a measure to ensure that any disputes or court decrees involving the spouse are considered before the name change is formally announced in the Gazette of India. This step is intended to safeguard against potential legal challenges that might arise if the name change affects ongoing legal or personal matters.
What Is The New Rule?
The guidelines for name changes, as updated in 2014, include specific provisions for processing applications to change names officially. The Gazette of India, which publishes official notifications, requires that any change of name be documented through this channel. For married women, the process includes submitting an NOC from their husband to revert to their maiden surname. This requirement has sparked criticism, particularly in light of a recent legal challenge.
Petition Against The Rule
The petitioner, a 40-year-old woman from Delhi, has contested the government's notification in the Delhi High Court. Her challenge focuses on the stipulation that married women must either be divorced or secure an NOC from their husbands to change back to their maiden names. The court is expected to hear arguments on August 7, which may influence future guidelines and legal standards regarding name changes.
