Explained: Why Goa has tightened the law on changing one’s name or surname

Goa: What is the new amendment to the Change of Name Act?

The Goa Change of Name and Surname (Amendment) Bill, 2022 amends Sections 2 and 3 of the Goa Change of Name and Surname Act, 1990. In Section 2, two clauses have been omitted, pertaining to the definitions of registrar and chief registrar. Under Section 3, the power to permit name changes, which were earlier vested in the registrar or the Chief Registrar of the state, have now been placed with “Civil Judge Junior Division” or a “District Judge” — in effect, with the judiciary rather than with the government.

The statement of Objects and Reasons of the Bill reads: “The Goa Change of Name and Surname Act, 1990 has been enacted to lay down the procedure for change of name and surname of any person born in the State of Goa… Further, sub-rule (5) of rule 3 of the Goa Change of Name and Surname Rules, 1991 provides for examination of witnesses, hence it is imperative that the functions under the said Act be administered by the Judicial Officers. The Bill, therefore, seeks to amend section 3 of the said Act to that extent.”

What prompted the government to bring an amendment like this?

The Amendment Bill passed on Wednesday is the sequel to the 2019 amendment to the 1990 Act. While the original legislation had laid down the rules for carrying out changes in one’s name and surname – through the registrar, with necessary documents as proof, after issuing advertisements in newspapers – the 2019 amendment made it a cognisible offence to carry out such changes in breach of the stipulated norms.

The latest amendment also stems from allegations made by several communities – including the numerically strong Bhandaris — and MLAs across party lines over changes in names and surnames advertised in newspapers by ‘outsiders’ who had adopted Goan names and surnames, allegedly in order to avail benefits under government schemes, or to buy or inherit land or even apply for Portuguese passports.

How widespread are such allegations?

Over the years, newspaper advertisements declaring name changes have often been a point of debate on social media in Goa, and the ingress of the ‘outsiders’ has dominated Goan politics with hardly a voice that differed.

Before the Assembly elections in February, Cabral, who was the Law Minister in the previous government too, had said that the state Cabinet had approved amendments to the Goa Change of Name and Surname Act, 1990, vesting the powers to permit names changes in the judiciary, and also inserting the conditions that a person desiring to changing her or his name would have to have their birth registered in Goa and either a parent or a grandparent born in Goa.

On Friday, Goa Chief Minister Pramod Sawant said in the Assembly, “No other government had even thought of this. Many Nairs had become Naik, but now only those whose parents or grandparents are born in Goa will be able to change their name.”

The decision to amend the Act rested on the “fear” in the minds of indigenous Goan people that benefits and amenities available to them may be usurped by “persons from other states” by changing and adopting Goan names and surnames, both Hindu and Christian.

What were the other Bills introduced by the Law Minister that were passed on Wednesday?

These were the Goa Succession, Special Notaries and Inventory Proceedings (Amendment) Bill, 2022 and the Registration (Goa Amendment) Bill, 2022.

The former amendment would authorise a District Special Notary to countersign documents including printed wills. This power was earlier with a District Judge or an Additional District Judge. This may be beneficial for Goans living abroad.

The other amendment Bill makes 10 changes to the central Registration Act, 1908. At a time when the Goa government has set up a special investigation team (SIT) to probe cases of illegal land grab, the new provisions of the Amendment Act would enable investigation agencies to institute a suit or a case to determine whether a document is fraudulent or not. In addition, the amendment states, “upon such enquiry as it deems fit order cancellation of a document which is found to be fraudulently registered before the Registering Officer and it may also order restoration of property in the name of original owner on cancellation of such document.” The document can be cancelled in two days of the court’s order.