10.09.2026 Item No.03 Court No.444 Avijit Mitra WPA 29416 of 2025 Mohaar Dutta - Versus – The Registrar of Births and Deaths, Kolkata Municipal Corporation & ors. Mr. Supriyo Das ….for the petitioner Ms. Tanushree Dasgupta, Ms. Debangana Dey …for the K.M.C. Affidavit-of-service, as filed, be kept on records. The petitioner (minor) represented through his biological father and natural guardian has preferred the present writ petition praying for direction upon the respondents for issuance of a fresh birth certificate in respect of the petitioner (minor) by substituting his first name ‘Swarnadeep Dutta’ to ‘Mohaar Dutta’. Ms. Das, learned advocate appearing on behalf of the petitioner (minor) submitted that due to the wedlock in between one Sri Santu Dutta and Smt. Sonali Dutta, the petitioner (minor) was born on 2nd December, 2018. The biological father duly filled up the form indicating the name of the petitioner (minor) as ‘Swarnadeep Dutta’ and in consonance with that, the registering authority of the Kolkata Municipal Corporation (in short, KMC) issued birth certificate in favour of a male child indicating the name as ‘Swarnadeep Dutta’. He is now aged about 7 years and 8 months (approx). Subsequent thereto, out of affection the father and mother jointly (biological parents) decided to change the first name ‘Swarnadeep Dutta’. The father of the petitioner (minor) also affirmed an affidavit before the 1st Class Judicial Magistrate at Kolkata bearing affidavit no. 5882 dated 27th June, 2025 declaring that ‘Swarnadeep Dutta’ and ‘Mohaar Dutta’ are identical and same person. The said declaration circulated in the Bengali leading newspaper, namely, ‘BARTAMAN’ on 15th July, 2025. Just thereafter, the biological mother filed a representation before the respondent authorities for rectification of the birth certificate but till date the same is un attended. Ms. Dasgupta, learned advocate appearing for the KMC submitted that as per the provisions of the Registration of Births and Deaths Act, 1969 and the guidelines issued by the Government of India, Ministry of Home Affairs dated December 29, 2014 relating thereto mentions that once the name of a child entered in the birth certificate, it cannot be changed. She further submitted that there are provisions under the KMC Act that once the name has been incorporated in the birth certificate that cannot be changed. I have heard the learned Advocates appearing for the respective parties and considered the materials on record. Provisions as laid down in The Registration of Births and Deaths Act, 1969 is made for adequate and 2 accurate country wide data for registration of births and deaths in the country for National Planning Organization and Public Medical activities, developing of family planning programme and there is a involvement of the national interest also. Birth certificate of an individual is a very important document in life. Same is an evidence of one’s birth and lineage. It also acts as a proof of one’s age, identity and citizenship. There is a provision for that act to correct and cancel entry in the register if the same is found to be erroneous in form or subject. The parents of the petitioner (minor) have decided to change the first name of the petitioner (minor). Mere changing the name of first name of the petitioner (minor) will not create any change of status as well as there will be no change of biological character also. Denial on the part of the respondent authorities to rectify the same is also not tenable. Law has to be dynamic and ought to evolve to tackle such issues. One cannot be hyper-technical while dealing with the personal issues with hardly any public law element involved. In view of the above, the concerned respondents are directed to consider the representation, filed by the biological father with regard to rectification of the name of the petitioner (minor) from ‘Swarnadeep Dutta’ to ‘Mohaar Dutta’. 3 The entire exercise has to be completed within a period of twelve weeks from the date of communication of this order. With the above observations and direction, the writ petition is disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Atarup Banerjee, J.) 4