Naming Rights as a Constitutional Right: Rethinking Surnames, Identity, and Autonomy in India

Names and surnames constitute important aspects of legal and personal identity, yet the law governing naming practices in India continues to be fragmented and deeply influenced by social norms relating to caste, patriarchy, religion, and lineage. Although surnames serve significant administrative functions, they also operate as markers of social hierarchy and inherited identity, often limiting individual autonomy. In contemporary India, changing family structures, increasing assertions of personal identity, and evolving constitutional jurisprudence have raised important questions concerning the right to choose, reject, or modify one’s surname. This article examines the constitutional dimensions of naming rights and analyses whether the freedom to determine one’s surname can be located within the broader guarantees of dignity, privacy, equality, and personal autonomy under the Constitution of India. It explores the historical evolution of surnames, the existing statutory framework governing names, and significant judicial pronouncements relating to identity and self-determination. The article further evaluates the social implications of surnames from feminist, anti-caste, and LGBTQ+ perspectives and undertakes a comparative analysis of international practices and human rights standards. Adopting a doctrinal research methodology, the study argues that identity should not be viewed solely as an inherited status but also as an expression of individual choice. It contends that the recognition of optional surnames and the introduction of a more inclusive and uniform legal framework would better align Indian law with constitutional values of dignity, equality, and personal liberty. Ultimately, the article advocates a shift from lineage-based identity towards identity grounded in autonomy and self-definition.