Challenges faced by women in reverting to maiden name after divorce – What’s in a surname?

Source: This post Challenges faced by women in reverting to maiden name after divorce has been created based on the article ‘What’s in a surname?’, published in The Hindu on 5^th March.

UPSC Syllabus Topic: GS paper 1 – Society – Salient features of Indian Society

News: Recently a woman has filed a petition to the Delhi High Court. The petition is against the process of reverting to woman’s maiden name (or removal of husband’s surname) after divorce. Challenges Faced by Women in Reverting to Maiden Name After Divorce

What is government guidelines for reverting to maiden name after divorce?

As per the government notification, women need to provide divorce papers or a no-objection certificate (NOC) from husband to revert to her maiden name, after divorce.

The process depicts gender bias. It also highlights legal and societal challenges women face in asserting their identity.

What are the issues in present process of reverting to maiden name after divorce?

Violates fundamental rights: The process violates fundamental rights under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.

Gender disparity: The case sheds light on the broader issue of gender disparities in India, where women are often marginalized and their roles and capabilities circumscribed by patriarchal norms.

Legal disparity: A Woman, who decides, not to use here husband’s surname, face several legal challenges. For example, in opening a joint bank account, or during a child’s admission in school, or applying for a passport.

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What should be done?

The United Nations identifies gender equality and the empowerment of women and girls as the most significant human rights challenge globally.

Therefore, there is a need for legislative support and social frameworks that promote gender equality and respect for individual choices, free from discrimination and bias.