The Delhi High Court has said the right to live with dignity includes not being tied down by casteism as it directed the CBSE to allow request of two siblings belonging to the Scheduled Caste community to update their father's surname, which he has changed due to social stigma, in their Class 10 and 12 certificates.
Justice Mini Pushkarna said the denial by the Central Board of Secondary Education (CBSE) in carrying out the requisite change in the certificates was "totally unjustified".
"If a person wanted to not to be identified with any particular caste that may be a cause of prejudice, the same is permissible," the bench said.
The court said the petitioners have every right to have an identity which gives them an honourable and respectable identity in the society.
"The right to identity is an intrinsic part of the Right to Life under Article 21 of the Constitution of India," the court said.
In its contention, the CBSE said the change in the surname would entail a change in the caste of the petitioners, which could be misused.
The court, however, clarified that the change in the father's surname would not entail a change of caste of the petitioners or allow them to take advantage of any reservation or any other benefit that might be available to the updated caste/surname.
The petitioner brothers told the court that their father decided to change his surname due to caste atrocities suffered by him on day to day basis, based on his surname.
The judge said the petitioner brothers have every right to have an "honourable and respectable" identity in society and if they have suffered any disadvantage on account of their surname, they were "certainly entitled to a change of their identity that gives respectability to the petitioners in the societal structure".
It directed the CBSE to forthwith carry out the requisite changes in the 10th and 12th certificates of the petitioners to reflect the name of their father, with the changed surname.