For now, take affidavit route to register name change: HC

For now, take affidavit route to register name change: HC 

TIMES NEWS NETWORK 16.02.2025

Bengaluru : The high court has said until adequate amendments are made to the Registration of Births and Deaths Act and the Rules regarding change of name of children, the authorities can adopt a procedure calling upon applicant-parents to give a sworn affidavit to the effect that they have changed the name of their ward on their own accord and request that the entries in the birth register be changed accordingly.

Justice NS Sanjay Gowda gave this direction while allowing a petition filed by a three-year-old boy, represented by his mother Deepika Bhat of Udupi. “It is, however, made clear that in case of deaths, the question of changing the name would not arise and hence, these directions would be inapplicable,” the judge added.

The petitioner had requested the registrar of births and deaths, Udupi, that his name be changed from Adhrith Bhat to Shrijith Bhat as the former was astrologically not proper. However, on Nov 4, 2023, an endorsement was issued rejecting the request, citing that neither the Act nor the Rules provide for the same. The endorsement was challenged before the high court. 

Justice Gowda noted that since there is no provision under the Act or the Rules for a change of name, a piquant situation has arisen which requires resolution in such a manner that neither authorities nor the applicants are prejudiced. In the absence of legislation prescribing a procedure for changing the name of a person and until a relevant law is enacted, parents could give a sworn affidavit to the effect that they have changed the name of the child on their own accord and the entries in the birth register be changed accordingly. 

“The authorities should verify the identity of the parents and proceed to incorpo rate the changed name in the register of births. 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 was changed subsequently pursuant to a request made by the parents,” the judge said, adding that the register would mention both the original and new names. “In fact, even in respect of an adult who seeks a change of name, the same procedure can be adopted,” Justice Gowda said, directing that the procedure he laid out be followed and name change be permitted in the register of births and deaths. 

With regard to the petitioner, the judge directed for entry in the register of births and also in the birth certificate to the effect that Adhrith Bhat is changed to Shrijith Bhat.