Gender Equality in Changing Surname After Marriage: Unravelling Societal Challenges

Context: 

This editorial is based on the news “What’s in a surname?: On a woman’s right to choose her own identity” which was published in the Hindu. In the quest for equal rights for women in all spheres of life, every act that justifies hierarchy, othering, and a patriarchal mindset must be shunned totally.

Gender Equality in Changing Surname After Marriage: Delhi High Court Notice to Govt

A female petitioner seeks permission to revert to her maiden surname following her divorce in the Delhi High Court. 

• She faced obstacles due to a government notification requiring divorced women to submit divorce papers or a no-objection certificate from their ex-husband to use their maiden name. 
• It is being argued that this notification is “gender biased” and imposes unwarranted restrictions on women exercising their constitutional rights (Articles 14, 19, and 21) to choose their name, specifically a change of surname. 

Challenges & Concerned Issues With Changing Surname After Marriage

• Challenges for Women Choosing Unconventional Paths:  

  • Women who opt not to take their husband’s surname after marriage often encounter harassment and unnecessary questions.
    • Example- Complications during activities like opening a joint bank account, school admissions for their children, or passport applications.

• Discrimination in Society: 

  • A society that is already battling caste-based hierarchies should not add to the discrimination by giving an upper hand to anyone in a relationship.
    • There should be safer spaces for women without gender bias, difference and humiliation in the society. 

• Gender Disparities in India: 

  • Women disproportionately handle unpaid work at home and face challenges in the labour force.

• Influence of Tradition on Women’s Choices: 

• • Traditional norms often dictate what a girl or woman can or cannot do, with decisions being influenced by men in the family.

Conclusion: 

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

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