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Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband

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Gender Bias – Obtaining Maiden Surname in the record – Notification of GOI to submit either divorce decree or NOC from the husband – Important issue is pending consideration and decision of the High Court of Delhi

The Notification issued by the Department of Publication, Ministry of Housing and Urban Affairs, Government of India, requires for a divorce decree or No objection certificate of husband for change of maiden surname.   The constitutioal validity of the said Notification is challenged by the Petitioner in the High Court of Delhi as violative of Articles 14, 19(1)(a) and 21 of the Constitution in imposing additional and disproportionate requisites exclusively on women without any rational basis.

It is contended that a person’s name is a vital aspect of self-expression and identity.  Moreover, the notification compels a woman to disclose sensitive personal information.   All this has resulted in violation of Articles 19 and 21 of the Constitution.

The Division Bench of the High Court of Delhi has issued notice to the Union of India.

The date of the Notification is not mentioned in the Order.   However, from the document available on the website of the Department of Publication, it is shown as “Link – V – For Obtaining Maiden Surname, it is provided for a divorce decree or NOC from husband that he has no objection if she uses maiden surname. A copy of the ID proof must be attached with the NOC along with the mobile number.   If the matter is in the court of law, the change of name of the applicant cannot be processed till the final verdict is pronounced.

For obtaining Maiden Surname_0001.pdf (deptpub.nic.in)

Order dated 29.2.2024 in W.P.(C) No.3028 of 2024 of Divya Modi Tongya Vs. Union of India

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