A name is the paramount association to an individual’s own identity and individuality. It has become a common trend for people these days to change their names. Various reasons exist for this. At times people don’t like their names because they may be old and traditional. Since India is a religious country, theological reasons like conversion also encourage them to change their names. Apart from this, married women also tend to get their surnames changed, and sometimes even maiden names, as it is considered as a tradition in India. Numerology and Astrology also inspire numerous people to take up a new name as they believe it will lead to increased prosperity. Gender change, divorce and identity makeover are other reasons which can stimulate people to change their names.
The lawful action of taking up a new name distinct from their present name is referred to as Name Change. This procedure becomes much more significant as an incorrect spelling of the name on birth certificates or official documents makes the process of getting passports and bank records very complicated. There are a lot of steps involved in changing the name of a person which is time-consuming and requires a lot of managerial formalities. No particular law has been laid down that deals with this process, but there is a prevailing convention that is followed.
The process for changing one’s name has been established by The Department of Personnel and Training, Ministry of Home Affairs for the government employees, which has been adopted as a foundation for changing names and is compiled by everyone. Primarily, three steps are involved for authorizing a name change that includes, Affidavit Submission, Newspaper Publication and a Gazette Notification.
Affidavit Submission
Firstly, an Affidavit elucidating why that person opted to change his/her name has to be submitted to either a Judicial Magistrate or Public Commissioner in the district court. An Affidavit is nothing but a testimony that could be used as a piece of evidence in the court. The Affidavit should be drawn out on a stamp paper of the required value that varies from state to state. It requires personal details of the applicant printed on a stamp paper which would be further signed by two witnesses. The personal details include your previous name, current name, residential address and the reason an applicant is changing his/her name.
The details to be provided are different for married women and other citizens. Along with the details, a declaration stating that the information furnished in the Affidavit is true is also to be affirmed. The proof of Indian Citizenship will also need to be corroborated together with the Affidavit. The Affidavit indicates both old and new names and could be used for changing even an alphabet of your name. It is imperative that the applicant keeps a copy of the affidavit with themselves as it could come in useful for further legislative formalities.
Newspaper Publication
The next step after the applicant has sworn the affidavit before the relevant authority is to publish an advertisement/ notification in a daily newspaper with authentic details. The applicant has to choose two newspapers to publish, one a local newspaper and the other a national newspaper. There is a separate column allotted for these notifications in the newspapers and is not a very tedious task. However, if the aspirant is an Indian living in a foreign country then he /she requires to present a deed that has been affirmed by the Indian Embassy to the authority. If a married woman is changing her surname after marriage, she must add her husband’s name and address in that notification. It is important that the applicant collects numerous copies of his publication as it could come in handy for future use.
Gazette Notification
The third and final step in changing a name is to apply for a change in name in Gazette. This step is necessary for all the government employees of India and is non-obligatory for others. However, since it acts as significant evidence of your name change, the applicant must go through with it. The applicant will need to send a few documents in an envelope to the Controller of Publication, Department of Publications, Civil Lines, Delhi -54. The documents include a deed changing name form, a letter of declaration, two attested photographs and identity proofs. Apart from that, an applicant would also require the newspaper in which the name change notification was published and a prescribed proforma that is computer typed and has signatures of the applicant and the two witnesses. If an applicant practising one religion aspires to take up a name that is affiliated with another religion, without changing the religion, the applicant will need to submit an affidavit proclaiming that he/she has not changed the religion.
Once that application is accepted, the appropriate people of the department will verify the applicant’s documents. After the required verification, the application would be sent out for notification to the particular Press of the Government. Generally, it takes around 7 to 8 weeks for the name change notification to appear in the Gazette Publication. The Authority will also make sure to post a copy of the said notification to the given address. The complete procedure of Gazette notification will cost the applicant around Rs. 900 which can either be paid through cash or demand draft to the Controller of Publication. The printing charges also differ for applicants residing in India and those residing outside the country.
After this step, the applicant’s name would have been officially changed. Subsequently, the applicant would be required to update his official documents like PAN Card and Passport. It is fundamental that the applicant safeguards all the documents that were used in the complete procedure since they will come in useful for updating his /her essential documents.
A name is something an individual sustains throughout their entire life and characterizes their grave when they die, hence it becomes crucial that every step of the procedure is followed meticulously after all a name is a person’s identity in space and time.
By-Yashodhan Nighoskar
Student- Jindal Global Law School
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