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. Seeking the right to choose her own identity, Ms. Divya Modi Tongya, had petitioned the Delhi High Court that she be allowed to revert to her maiden name after her divorce comes through. She landed in court after running into a barrier in the form of a government notification which said a married woman who wants to use her maiden name after divorce must either furnish divorce papers or a no-objection certificate from her husband. The Delhi High Court has sought the Union government’s response by May 28, the next date of hearing. In her plea, Ms. Modi Tongya states that the notification is “gender biased” and creates unnecessary restrictions for women who seek to exercise their constitutional right to choose their name — in her case a change of surname — by violating Articles 14, 19 and 21. The very idea of an NOC is objectionable, divorce proceedings or not, and is reflective of a deep-seated misogyny that wants to control an individual’s preference. Ms. Modi Tongya should be able to choose whichever surname she is comfortable with and not have to fight for it.
Women have often complained of harassment when they have taken the path less trodden. For instance, women who have decided not to opt for their husband’s surname after marriage face a barrage of unnecessary questions and a mountain of paperwork while, say, opening a joint bank account, or during a child’s admission in school, or applying for a passport. 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, but work towards safer spaces without gender bias, difference and humiliation. In India, the most populous country in the world, stark gender disparities persist, both politically and socially. Women do most of the unpaid work at home, and are often edged out of the labour force for various reasons. What a girl or a woman can — and cannot — do, is often laid down by the men in the family; sometimes women too acquiesce to such indignities in the name of tradition. The United Nations has said that the greatest human rights challenge in the world right now is achieving gender equality and empowering women and girls. Paying lip service to rhetoric that women are equal without effecting change on the ground with legislative backing and strong social frameworks defeats the purpose.
