Image Source: livelaw.in The Allahabad High court has held that changing name is a right under the article 19(1)(a) of the constitution of India. Justice Pankaj J. Bhatia observed, "The individual 'name' is a facet of right of expression, which is guaranteed under Article 19(1) (a) read with Article 21 of the Constitution of India. The freedom of expression as guaranteed under Article 19(1) (a) includes within its sweep all forms of expressions and name in the present world is clearly a strong expression." The decision came after a boy Kabir Jaiswal had appeared for class XI and XII CBSE board exams as Rishu Jaiswal. The boy contended that he had got a notice published in the official gazette about the change in his name. He also claimed that he had got changed his name in Aadhar card, Pan card etc. But when he wanted to change his name in CBSE certificates, the board denied his request stating that his name change had not been reflected in school records. The petitioner Ram Sagar Yadav contended that the official gazette notification was issued without any objections and was announced to the world in rem. So, this means the board has no right to deny the request to change name. Furthermore, the precedent was followed i.e. Rayaan Chawla v. University of Delhi & Anr. Also by concluding Judgement he stated that- "it is clear that the CBSE Regulations relied upon by the respondents cannot be considered to be a 'law' as required under Article 19(2) through which reasonable restrictions can be imposed on the freedom of expression guaranteed under Article 19 (1) (a). Thus, I have no hesitation in holding that the right of freedom of expression guaranteed to the petitioner under Article 19 (1) (a), in the present case freedom of expression through change of name, cannot be denied to the petitioner and he is entitled to change his name." The court by taking the help of the precedent ordered the CBSE to change the name in records. Case title- Kabir Jaiswal v. Union of India & Ors.
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