Union Minister of State for Housing and Urban Affairs, Tokhan Sahu, explained that this requirement serves as a precaution to notify the spouse and ascertain any objections or legal consequences arising from disputes or court decrees before officially recording the name change in the “Gazette of India”.
The clarification was issued in response to a petition filed in the Delhi High Court, challenging the controversial guideline. The guideline, introduced as part of a comprehensive revision of procedures by the Controller of Publications in 2014, aims to simplify the application process for various notifications, including changes of name. However, it has faced criticism for imposing what some see as an unnecessary hurdle for women seeking to reclaim their maiden names.
Trinamool Congress (TMC) MP Saket Gokhale has been a vocal critic of the rule, questioning its rationale during a recent Rajya Sabha session. Gokhale highlighted the requirement as an example of “shameless sexism and misogyny,” arguing that the Gazette notification itself should suffice in notifying the spouse.
Also Read: No NOC from husband? Women can’t revert to maiden name
“This explanation makes zero sense. When the name change is ‘notified’ in the Gazette, it is ‘notified’ to the spouse automatically. No clear answer on why on EARTH is the husband’s ‘permission’ required for a woman to change her own name,” he said in an X post.
This is a whole new level of shameless sexism & misogyny by the Modi Govt
I asked the Govt in Parliament as to why a rule was introduced making it compulsory for women to get “NOC or permission from husband” if they wish to revert to their maiden name.Govt’s justification?… pic.twitter.com/5zXWJ3ZBtq
— Saket Gokhale MP (@SaketGokhale) July 30, 2024
In response, Union Minister of State for Housing and Urban Affairs, Tokhan Sahu, explained that the Department of Publication had revised its guidelines in 2014 to simplify the application process for name changes in the Gazette of India. Sahu noted that clarifications, including those pertaining to reverting to a maiden surname, have been periodically updated on the Department’s official website.
“The Department of Publication had comprehensively revised the guidelines in 2014 for simplifying the procedure for processing of applications, including change of name, for notification in Gazette of India. Clarification as per need, including requirements for reverting to maiden surname, have been issued from time to time through web-link on the official website of the Department for information and convenience of the general public,” Sahu said.
Gokhale further inquired about the rationale behind the requirement for a husband’s NOC, asking for the grounds on which this revised requirement was introduced. In response, the Union Minister stated that a name change involves a significant alteration in a person’s identity, warranting thorough scrutiny to prevent misuse or legal complications.
“…Minimum essential requirements have, therefore, been kept for processing the change of name of applications. The requirement of no-objection from husband for reverting to maiden surname has been specified for notifying the spouse to ascertain objections or legal consequences on account of any dispute or court decree, etc., before notifying the change of name in the Gazette of India,” Sahu added.
Dismissing the government’s justification, Gokhale argued that notifying the name change in the Gazette inherently informs the spouse, rendering the NOC requirement unnecessary.
“This explanation makes zero sense. When the name change is ‘notified’ in the Gazette, it is ‘notified’ to the spouse automatically. No clear answer on why on EARTH is the husband’s ‘permission’ required for a woman to change her own name. This is a whole new level of shameless sexism & misogyny by the Modi Govt,” he said.
The Delhi High Court is set to take up the matter on August 7, where it will hear arguments against the rule and consider its implications.