Delhi High Court upholds right to have one's identity in school records connected to biological mother

The Delhi High Court recently came to the aid of a woman who sought to have her school records updated so that they reflected her biological mother's name, instead of her stepmother's name..Justice Swarana Kanta Sharma observed that it is a fundamental right of an individual to have their identity linked to their biological mother."In a democratic society that upholds the legal rights of every citizen, the petitioner must be allowed to have her biological mother's name recorded in her official records. The petitioner has been cared for and nurtured by her biological mother after she was allegedly forced to leave her biological father's home due to ill-treatment by him and her stepmother ... Denying this relief would burden her with an unnecessary psychological stress, forcing her to live with the name of her stepmother, who does not reflect the truth of her familial and emotional life," the Court added..The parents of the woman (petitioner) before the High Court had divorced when she was young. Her initial school records contained the names of her biological parents. However, after her father remarried, the woman's school records later reflected the name of her stepmother (her father's second wife) instead of the woman's biological mother. During her high school years, the woman reconnected with her biological mother and eventually ensured that her 12 standard certificate reflected her biological mother's name and not her step-mother's name. But she soon faced difficulties in pursuing professional opportunities due to the discrepancy between her 10th and 12th school records. Neither her school nor the Central Board of Secondary Education (CBSE) took any action on the woman's request to change the details of her 10th-grade certificate so that her biological mother's name is reflected in her parentage details. She, therefore, moved the High Court for relief and urged the Court to issue directions to correct her parentage details in her school records. The CBSE countered that the existing bylaws did not permit such amendments to the candidate's parental names..The Court, however, was not impressed by the submission and opined that it was truly absurd that the CBSE was opposing the petition purely for the sake of formality."Such a unique and personal circumstance would result in unfair denial of justice to her which may seem trivial to some, however, may mean the world to a daughter seeking to be recognized by the name of her biological mother. To deny this right to her as a daughter would lead to denying her right to be known by the name of the mother who brought her to the world," the Court further observed. The Court added that the woman's wish to have her identity linked to her biological mother was not just a matter of legal formality, but a matter of personal choice, identity, and dignity."The emotional trauma or distress even an adult may face may be equivalent to a trauma experienced as if one is still a child, as in the present case, the adult daughter feels as if she is still a child who wants to be known by the name of her mother," the Court remarked..The Court proceeded to direct the CBSE to update the woman's 10th-grade certificate so that they reflected her biological mother's name (in parentage details) within a month. The Court also allowed the woman's plea to drop her father's surname from her name on the certificate. "The petitioner has expressed her desire not to be identified by her father‟s surname, possibly, and understandably, due to the marital discord between her parents and the fact that her father has since remarried. The petitioner is now residing solely with her biological mother and is estranged from both her father and stepmother. Given these personal circumstances, the Court is of the view that the petitioner should have the autonomy to define her identity as she deems appropriate," the Court said. .The Court, however, rejected a prayer to drop her father's surname from his name, wherever it appears in the certificate. “This court is of the considered view that the father has the right to be known by his complete and proper name, and the petitioner does not have the locus standi to alter this aspect of his identity. Therefore, this prayer is liable to be rejected,” the Court said..Advocates IS Dahiya, Ankit Dedha, Priyanka S Aneja and Anil Kumar appeared for the petitioner.Advocates Atul Kumar, Aditi Gupta, Sameer Singh and Neelam Singh appeared for the respondents..[Read Judgment]