I seek immediate withdrawal of the order by MoHUA, regarding use of maiden name by women

I seek immediate withdrawal of the order by MoHUA, regarding use of maiden name by women

The Issue

English​ || Hindi

I have a Voter ID, but why don't I have the right to decide what my surname will be on it? I can not only bring a new life into this world but can also raise it alone, then why do I need to get permission from any man to decide what my surname will be?

Why am I seen as incomplete without a husband’s surname?

The new notification by the Ministry of Housing and Urban Affairs [MoHUA] mandating a married woman, who wishes to retain or get back her maiden surname, to provide an NOC from her husband is a complete violation of my rights under the Constitution of India.

I am also an equally important part of this society; why do I need to add a male’s surname to my identity for approval and acceptance as an equal in society? For how long will I be made a victim of patriarchal thinking?

My ears are tired of hearing that my existence is only due to a man; for how long will my identity be suppressed in the name of values ​​and traditions? With the help of women, haven’t we even reached the moon?

Article 14 of our Constitution states that no person shall be denied equality before the law or the equal protection of the laws within India. Equality is one of the fundamental rights guaranteed by the Constitution of India.

Article 14 prohibits any form of discrimination on grounds of race, caste, religion, place of birth or gender.

Article 19 says that every citizen of India has the right to freedom of thought and expression.

Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Many countries now have laws in support of the woman retaining her maiden name. The reforms brought in Greece in the 1970s and 80s made it mandatory for women to keep the name decided by their parents even after marriage; that is, it is illegal to add the husband's surname to their own name after marriage. 

Similarly, in Italy in 1975, a major reform was brought in the law by which, women even after marriage, were given the right to keep their maiden name. 

In Belgium too, names are not changed after marriage. Before 2014, they had a law that said a child would have to take the father's name, but that no longer exists; children can now be given the surname of either mother or father. 

In the Netherlands, after marriage, the husband is also given the option to change his name and take the surname of his wife. The child too has the option to take either the mother's or father's surname.

In India, the Mumbai High Court amended the Family Court Rules in 2012, and added a provision that a wife may continue to use her maiden name and can also apply for divorce with her maiden surname. 

However, has the desired equality been achieved in reality? If so, why don’t we have an option for men to change their names after marriage? 

A survey conducted by shaadi.com, resulted in 40 percent of unmarried women saying that they do not want to change their surname after marriage. A person's name is an important aspect of their identity and expression. Forcing me to change my surname is a clear case of gender discrimination and also a violation of my privacy! 

I have lived many dimensions of life and achieved several milestones on the basis of my original identity; why should I give it up after marriage just because my husband's surname is different? With changing times, women do not believe in this ritual of surname change as an element of getting married. I do not believe in changing my surname after marriage and see it as erasing my original identity and right to equality in society!

#RighttoMaidenName

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

avatar of the starter
Indumitra ArunPetition Starter

2,118

The Issue

English​ || Hindi

I have a Voter ID, but why don't I have the right to decide what my surname will be on it? I can not only bring a new life into this world but can also raise it alone, then why do I need to get permission from any man to decide what my surname will be?

Why am I seen as incomplete without a husband’s surname?

The new notification by the Ministry of Housing and Urban Affairs [MoHUA] mandating a married woman, who wishes to retain or get back her maiden surname, to provide an NOC from her husband is a complete violation of my rights under the Constitution of India.

I am also an equally important part of this society; why do I need to add a male’s surname to my identity for approval and acceptance as an equal in society? For how long will I be made a victim of patriarchal thinking?

My ears are tired of hearing that my existence is only due to a man; for how long will my identity be suppressed in the name of values ​​and traditions? With the help of women, haven’t we even reached the moon?

Article 14 of our Constitution states that no person shall be denied equality before the law or the equal protection of the laws within India. Equality is one of the fundamental rights guaranteed by the Constitution of India.

Article 14 prohibits any form of discrimination on grounds of race, caste, religion, place of birth or gender.

Article 19 says that every citizen of India has the right to freedom of thought and expression.

Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Many countries now have laws in support of the woman retaining her maiden name. The reforms brought in Greece in the 1970s and 80s made it mandatory for women to keep the name decided by their parents even after marriage; that is, it is illegal to add the husband's surname to their own name after marriage. 

Similarly, in Italy in 1975, a major reform was brought in the law by which, women even after marriage, were given the right to keep their maiden name. 

In Belgium too, names are not changed after marriage. Before 2014, they had a law that said a child would have to take the father's name, but that no longer exists; children can now be given the surname of either mother or father. 

In the Netherlands, after marriage, the husband is also given the option to change his name and take the surname of his wife. The child too has the option to take either the mother's or father's surname.

In India, the Mumbai High Court amended the Family Court Rules in 2012, and added a provision that a wife may continue to use her maiden name and can also apply for divorce with her maiden surname. 

However, has the desired equality been achieved in reality? If so, why don’t we have an option for men to change their names after marriage? 

A survey conducted by shaadi.com, resulted in 40 percent of unmarried women saying that they do not want to change their surname after marriage. A person's name is an important aspect of their identity and expression. Forcing me to change my surname is a clear case of gender discrimination and also a violation of my privacy! 

I have lived many dimensions of life and achieved several milestones on the basis of my original identity; why should I give it up after marriage just because my husband's surname is different? With changing times, women do not believe in this ritual of surname change as an element of getting married. I do not believe in changing my surname after marriage and see it as erasing my original identity and right to equality in society!

#RighttoMaidenName

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

avatar of the starter
Indumitra ArunPetition Starter

The Decision Makers

Hardeep Singh Puri
Hardeep Singh Puri
Ministry of Housing and Urban Affairs [MoHUA],
Ministry of Women & Child Development [MWCD]
Ministry of Women & Child Development [MWCD]

Petition Updates