Modi’s claim of 'nari shakti' a sham: TMC MP on maiden name rule

In a recent development, a notification requiring married women to secure their husbands' consent to revert to their maiden surnames has stirred controversy, prompting a legal challenge and widespread criticism.

Trinamool Congress MP Saket Gokhale condemned the rule and challenged its validity. Simultaneously, a petition filed in Delhi High Court by Divya Modi contests the notification, arguing that it infringes upon fundamental rights and "perpetuates gender bias", as per India Today.

What did Gokhale say?

In an Instagram post, the MP criticised the Modi government's new rule requiring women to provide a divorce decree or "permission letter" from their husbands to change their surnames, and labelled it a "shameless display of misogyny", questioning the need for a "husband's permission" for such a personal choice.

Gokhale has demanded an explanation from the authorities and pledged to challenge this rule as an MP.

What do we know about the notification?

As per reports, the notification, issued by the Union ministry of housing and urban affairs, mandates women seeking name changes to provide either a no-objection certificate from their husbands or a copy of their divorce decree. The notification is not dated and does not carry any government insignia, reports Scroll.

The petition before Delhi High Court contends that the notification violates articles 14 (equality before law), 19 (protection of certain rights regarding freedom of speech, etc.) and 21 (protection of life and personal liberty) of the Constitution, as per a Scroll report.

What do the experts say?

Critics and lawyers spoke to Scroll and denounced this requirement as "discriminatory" and "irrational", violating Constitutional principles of equality and personal liberty.

Legal experts supporting the challenge highlight the notification's arbitrary nature, emphasising its lack of clarity regarding issuance and jurisdiction. They contend that the rule unnecessarily impedes women's ability to exercise their right to choose their names, perpetuating societal norms that prioritise male authority over female autonomy.