"Job mein yeh sab (casteism) khule aam nahi hota. Lekin aapne suna hoga jab log kisi ko unke surname se bulaate hain — 'Tiwari ji kahan hain?'...'Singh sir aaye hain ki nahi?'...Ab agar koi kahega ki 'Mochi ji kaise hain?' to kaisa lagega aapko? (In professional spaces, casteism isn't overt. You might have seen people addressing each other by their surnames — 'Where is Tiwari ji?'...'Is Singh sir around?' — Now imagine someone saying, 'Where is Mochi ji?' How would you feel?" asked an exasperated Laxman Nayak.
A government school teacher in Delhi's Badarpur, 55-year-old Laxman and his sons — Sadanand and Sachchdanand Nayak — on 19 May, won a five-year-long legal battle against the Central Board of Secondary Education (CBSE) over a change in their surname in class 10 and class 12 board certificates of Sadanand and Sachchdanand.
Laxman had changed his surname from 'Mochi' to 'Nayak' in 2011 citing caste prejudice and atrocities.
"Wherever you go, your surname precedes you. I carried that surname for over 40 years of my life. I didn't want my children to go through the same, so I changed my surname in 2011 and subsequently we got all our documents, including the caste certificates of the entire family, updated to reflect the new surname," Laxman told The Quint.
'Mochi' is a caste name within the larger cobbler community dealing with leather.
Why Did CBSE Refuse to Change The Surname?
CBSE, in the case, contended before the court that a change in the surname of the petitioners would entail a change in their caste, which could be misused.
It is pertinent to note that a 2016 judgement by the Bombay High Court stated that a change in surname does not change the caste of a person. The court was hearing the plea of a medical graduate, who was denied admission in a post-graduate course in the Scheduled Tribe (ST) category despite possessing a valid caste certificate, on the ground that he had changed his surname.
"If the surname is changed, that does not change the caste of a person. It is specific contention of the petitioner that the change in his surname is duly notified in the Government Gazette," observed the court.
In the case of the Nayak brothers, the board also argued that the petitioners are seeking a change in their father’s name, which is beyond the records of the school and is not permissible.
Granting relief to the brothers, the Delhi High Court, however, observed that the denial by CBSE for carrying out the requisite change in their certificates was unjustified.
'Right to Identity is an Intrinsic Part of Right to Life': Delhi High Court
The Delhi High Court in its order dated 19 May, observed that the 'Right to Identity' is an intrinsic part of 'Right to Life' under Article 21 of the Constitution of India.
"There is no denying the fact that Right to Life includes within its ambit, the Right to Live with Dignity, which includes not to be tied down by any casteism that a person may face on account of the caste to which such person belongs," read the order, accessed by The Quint.
The court observed that Laxman, father of the petitioners, carried out the change in his surname by way of publication in gazette notification. The new surname as adopted by father of the petitioners is duly reflected in the various public documents issued by government agencies in favour of father of the petitioners.
CBSE was then directed to carry out the change requested by the petitioners.
'I Saw People's Behaviour Change The Moment They Learnt About My Surname'
For Laxman, the decision to change his surname was neither sudden nor impulsive. The surname, he said, served as a reminder of his 'origin' caste 'chamar', and resulted in social stigma.
"I have lived my life and am about to retire now. I faced casteism each step of the way. But when I saw my children face social stigma due to the surname, I decided to change it. When my sons go for a job interview, they often tell me how the behaviour of people suddenly changes when they learn about their surname. They go from praising them (my sons) for their skills to being skeptical about their qualifications. I have lived through this and I know what it means," Laxman said.
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