Taking note that the absence of a provision in law to change the name originally entered in the birth certificate is causing hardship to parents of minor children and even to adults, the High Court of Karnataka has permitted changing name in birth register and certificates and evolved a procedure to carry out changes, till the State amends the law for this purpose.
The Court also suggested to the State Legislature to amend the provisions of the Registration of Births and Deaths Act, 1969, and the rules to permit changing name in the birth certificate as recommended by the Karnataka State Law Commission (KSLC) in its 23rd report submitted way back in July 2013.
Justice N.S. Sanjay Gowda issued the directions while allowing a petition filed by two-year-old Adhrith Bhat, through his mother Deepika Bhat, a resident of Ambalpadi in Udupi district.
The petitioner’s parents had decided to change the name of the petitioner as Shrijith Bhat for astrological reasons and submitted an application in November 2023 for changing the name, Adhrith Bhat, which was already entered in the certificate. However, the registrar of births and deaths gave an endorsement stating that their request cannot be acceded to as there is no provision to carrying out the change in the law.
Hardship to parents
Absence of such a provision is an obvious anomaly which would create unnecessary hardship to parents or to the child in case they desire to have the name changed, the Court said, while stating this piquant situation requires to be resolved in a manner that neither the authorities nor the applicants are prejudiced.
“It is common practice in our country that a person decides to give himself a new name or that a parent decides to change the name though he has already been given a name. In fact, it is a practice in our country that multiple names are given, but one name is entered in the records and this, at times, creates confusion regarding the identity of the person,” Justice Gowda observed.
“The Legislature would have to take a view on this and ensure that the citizens are not put to any hardship whenever they desire to change their names and evolve a procedure where the records of that particular person are also changed simultaneously in all the public records or at least in the relevant records,” the Court said while referring the recommendation made by the KSLC.
Procedure to be followed
For changing the name of a minor child, the Court said, the parents will have to submit an application along with a sworn affidavit stating that they have changed the name of the child on their own accord and the entries in the birth register would be required to be changed accordingly, and that a fresh birth certificate be issued with changed name.
On receiving the application along with the affidavit, the authorities should verify the identity of the parents and proceed to incorporate the changed name in the register of births, the Court said.
The Court also said that the authorities, in order to ensure that there is no attempt to create a record for ulterior purposes, should make a remark in the register stating that the name of the child has been changed subsequently pursuant to a request made by the parents. The register would therefore have an entry regarding the name which was originally entered, and also the new name, which was entered subsequently on their request.
Even in respect of an adult who seeks a change of name, the same procedure can be adopted, the Court said while directing the authorities to allow applications for change of names by following this procedure till the law is amended.
