Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law

The Karnataka High Court has suggested to Legislature to consider amending Registration of Births and Deaths Act, 1969, permitting change of name in the birth register after it has been entered.A single judge, Justice N S Sanjay Gowda said “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.” It added “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.” Referring to a suggestion made by Law Commission of Karnataka, in its 24th Report furnished on 20.07.2013 regarding Change of Name, suggesting amendments to the Act and the Rule, the court said “It would therefore be appropriate for the Legislature to take necessary action pursuant to the recommendation of the Law Commission in its 24th report.” Stating that since there is no law which prescribes the procedure for changing the name of a person, it would be impermissible for the parents of a child to seek for changing the name that is already registered in the register of births and deaths until a relevant law is provided for by the Legislature. The court directed the authorities to follow the following procedure for change of name: -Calling upon the parents to 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 would be required to be changed accordingly. -On such a request being given, the authorities should verify the identity of the parents and proceed to incorporate 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 had 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 a name which was entered subsequently on their request -Even in respect of an adult who seeks for a change of name, the same procedure can be adopted. Since the original name would also be contained in the register and also the new name, the possibility of this document being misused for an ulterior purpose can easily be prevented. The court said “Thus, until the appropriate provisions are made under the Rules by the State in this regard, the concerned authorities are directed to follow the aforementioned procedures and permit the change of name in the Register of Births and Deaths.” It added “Since the date of birth or the date of death and other details would remain unchanged, there can be no impediment or reason to prevent the change of name.” The court held thus while allowing a petition filed by a minor represented through his guardian challenging the endorsement issued by the Registrar of Births, by which the Registrar, refused the request of the petitioner to change his name in the Birth Certificate. The bench said “The respondent authority is hereby directed to change the name of the petitioner as Shrijith Bhat in the Register of Births as against the originally registered name Adhrith Bhat. A necessary endorsement shall be made in the Register of Births and also in the Birth Certificate that the original name of Adhrith Bhat was changed to Shrijith Bhat, as requested in the application dated 04.11.2023 and issue a fresh Birth Certificate accordingly.” Appearance: Advocate Sinchana M for Petitioner. Advocate K.B Prasad Hegde for Respondent. Citation No: 2025 LiveLaw (Kar) 58 Case Title: Master Adhrith Bhat AND The Registrar of Births And Deaths Case No: WRIT PETITION NO. 6370 OF 2024 Click Here To Read/Download The Order

Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law

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