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HC: Changing name is a part of freedom of expression under Article 19 (1) (a) of the Constitution

 The Allahabad High Court has held that under freedom of expression a person cannot be stopped from changing his name. Renaming is part of freedom of expression. It is guaranteed in Article 19 (1) (a) of the Constitution.

“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.”

This order has been given by Justice Pankaj Bhatia while dealing with the petition filed by Kabir alias Rishu Jaiswal. The court has directed the CBSE to issue a new certificate to the petitioner in the name of Kabir Jaiswal in place of Rishu Jaiswal. Because the petitioner is entitled to change his name under freedom of expression.

The petitioner has submitted that he passed the high school examination from CBSE in the year 2011-13 and Inter exam in 2015 in the name of Rishu Jaiswal son Santosh Kumar Jaiswal. After this, the petitioner got a gazette notification and published notice and also submitted an application to the board to change his name to Kabir Jaiswal instead of Rishu.

On the basis of Gazette notification, his name has been changed to PAN card and Aadhar card. But the CBSC rejected the application for change of name in her educational certificates, saying that her name had not been changed in the school documents.The court has placed reliance on the judgment given by Supreme Court in the case of Rayaan Chawla and directed CBSC to issue a new certificate to the petitioner in the name of Kabir Jaiswal with in two month.


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