the goan I network
PANAJI
The Bombay HC at Goa has admitted a petition filed by Capt Viriato Fernandes who has in a PIL challenged the “rampant name change in Goa” which they say is leading to “persons with absolutely no relation to religion as also people from other States obtaining change of name and surname in Goa to create a new identity.”
The petition, has challenged the Constitutional validity of Section 15 of the Registration of Births and Deaths Act, 1969 which, they say, confers arbitrary and uncontrolled discretion for the correction or cancellation of the entry in the register of births and deaths.
In a brief ruling, the High Court bench of Justices M S Jawalkar and M S Sonak has issued rule (admitted the petition) and asked the petitioners to ensure that all the respondents are served notice.
The petition has also called into question the failure of the Registrars in the State to carry out proper enquiry and maintain appropriate records, justifying the need for allowing the application(s) for change of name and surname.
“In the absence of such safeguards, such name changes are carried out with impunity and these persons get a new identity, foregoing their old identity “ often merrily changing name without changing religion and often acquiring Christian names which primarily appears to be a racket to obtain Portuguese citizenship,” Capt Fernandes argues in his petition.
“This name change has also led to forgeries by selling off properties sometimes of those who have long been dead or living outside the state,” he said.
“The name change allows unscrupulous persons to also steal the identity of a Goan and obtain benefits of welfare schemes, when already availing these schemes in their hometowns. So also, they secure voting cards and thus can have two “ one in their hometown and another in this State,” the petition argues.
“Similarly, they obtain caste certificates, jobs, employment cards all on the basis of these changes,” the petition claims.
Besides, there are persons who are changing names to get SC/ST or OBC benefits in the State, thus depriving the genuine and original SC/ST/OBC communities of their legitimate rights.
“The ease of changing the same and surname has surfaced with the connivance of the officials of the State government and also of the municipalities and panchayats, thus making a mockery of the legislation governing the registration of births and deaths in force in this country and particularly this State,” he said.
