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Need to fix your name? Go to court

The lack of centralised policies and procedures mean such a simple error may often become a court matter

By Yusra Salim |
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PUBLISHED December 15, 2024
KARACHI:

In Pakistan, where bureaucracy is a multi-layered and elaborate framework, changing one's name on official documents is frequently a frustrating process, usually faced with delays and several issues, including finances, repeated visits, and uncountable documentation.

On paper, the process might seem simple, but on the ground, it involves a maze that leaves many citizens frustrated and worn out.

There are several reasons why names on official documents could change. Correcting spelling mistakes, changing one's name after marriage or divorce, converting to a different religion, or resolving discrepancies across several papers are examples of common situations.

Furthermore, in a culture where ties to one's tribe or family are highly valued, people might choose to represent these ties in their names, and in some instances, the parents are not aware enough while getting the documents made, and later, their children suffer through the hands of the system.

The challenges experienced by people trying to make these changes are remarkably similar, even though the motivations may vary. The process involves several departments, each with a distinct set of needs and challenges, from the National Database and Registration Authority (NADRA) to passport offices, educational boards, and banks. “It was a few months ago when I found out that my Master’s degree cannot be verified because the ‘Khan’ surname is mentioned in my Matriculation and Intermediate certificates, but not on my university degree,” said Shahnoor Saleem. He shared how the next six months of his life were spent spending thousands of rupees and weekly visits to several bureaucratic offices.

Saleem, who is 32 years old, got his Bachelor’s degree verified from the Higher Education Commission three years ago and never faced an issue then, but this time, when he went to get his master's degree verified, he was told that he needed to have the same first and last name throughout his documents including educational and all identity documents such as CNIC, birth certificate, and Passport.

“I tried to get my Matric and Inter documents corrected, but they told me that after five years, I have to go through the court to get the name amended in the documents no matter what my CNIC or passport says. Getting my educational documents, CNIC, Birth Certificate and Passport corrected cost me not just money but time and several days off from my workplace,” he lamented.

He also added that the system is so confusing because whenever a new chairman or secretary of any department comes, they change the rules, and everyone who graduated before that is stuck with new policies.

Knowing which documents are needed is often the first obstacle. Proof of the name change, such as an affidavit, court decree, marriage certificate, or newspaper ads announcing the change, is usually required for the procedure. However, the precise standards frequently differ between institutions and, even more frustratingly, between the investigating officer and the case.

Sarah Ahmed chose to adopt her husband's last name after getting married but made a mistake when her marital status was being updated. She didn’t change her name at the time and decided to do it three years after marriage.

She was required to provide more affidavits even though she had already presented her Marriage Registration Certificate and updated CNIC, which not only increased the cost but also prolonged her agony. “I was asked to present something new each time I visited when I believed I had the correct paperwork. It felt like an endless loop,” she complained.

NADRA is frequently the first place people go when they want a name change because they are the curator of national identity records. However, this phase can sometimes be a dilemma due to inconsistent information from NADRA employees, lengthy lines and numerous visits because of mistakes in processing.

While fixing a misspelled name on his CNIC, Noman Irshad encountered a difficult situation. “My name was misspelled the first time. Due to rush, I thought the person on the counter must have had the right spelling, but after it was delivered, I realised the spelling was wrong. I went for correction within a month, but due to bad luck, my name was misspelled again. For each time, I had to pay a fee,” he recalled. “After these two mistakes, I was told that now the mistake wouldn’t be corrected by the department, and that I had to go to court to get it changed.”

Legal difficulties
A court order is frequently necessary for major name changes, such as changing a surname or taking on an entirely new identity. This phase adds a level of complication, even if its goal is to ensure legal monitoring and avoid fraud.

Hiring an attorney, covering legal costs, and navigating the court system are all necessary to obtain a court order. These expenses are unaffordable for many people, particularly those from lower-income backgrounds. In addition, the court procedure can take a long time, and because of the backlog of cases, hearings are frequently postponed.

“When I tried to get my educational documents amended, I was told about the court option, and I thought getting CNIC and passport updated would be easier because an employee at the Board of Secondary Education informed me that I wouldn’t get anything from the court as the name error was on my part and not from the board,” Saleem shared.

Getting a court order or a decree isn’t as easy as it sounds on paper. It can appear as if you are filing a petition against the department and fighting a case in your favour. “We get such cases every day for one reason or another, and it not only costs people millions of rupees but time and effort too. Unfortunately, this is the only legal procedure and the majority that pursue it do so because they are in the process of leaving the country or need their documentations attested by any international organisation either for study, marriage or work,” said Jamal Zameer, a lawyer who deals with such cases.

Education certificates

Name differences on educational credentials can become a serious challenge for both professionals and students. Universities and educational bodies frequently demand a drawn-out verification procedure before providing updated certificates. Affidavits, newspaper notices of name changes, and, in certain situations, a court order can all be part of this process.

Cases like Saleem are the story of every house where the parents were not aware they had to make sure the spellings and names were consistent in documents. In many cases, B-Forms are made in Urdu. Likewise, older CNICs before the new chip versions were introduced were also in Urdu so the spelling in English did not seem to matter much. “Back in 2006, my father got our B-form made from NADRA, and we used to joke about how two of us sisters don’t have surnames mentioned in the B-form.

But we thought, why would it matter as we have the complete name for our father and mother mentioned already,” shared 22-year-old Fiza Khan who is now struggling to get her name corrected on her documents.

Her struggle started when she applied for a CNIC and was told that the name on the B-form is the name that will be followed in all documents, no matter whether the surname is mentioned or not.

“Now, according to the B-form, I should have only my first name and no last name on all of my documents, which becomes problematic when I apply anywhere abroad because many websites don’t accept applications without a last name. I was told that if my Matriculation isn’t five years old, then the change can be done, but that too requires a decree from the directorate of the education office that my G.R. in the school has been changed. My younger sister has been facing the same issue and we know that this will take months, several visits, and money to get it corrected,” she narrated.

Name differences between the CNIC and passport might cause serious issues for people who travel regularly or intend to immigrate. Re-examining both NADRA and the passport office, each of which has its administrative obstacles, is frequently necessary to align these documents.

“For verification of degrees, the candidate’s name and father’s name (both first and last name) should be the same in all education documents and CNIC,” said Director Media for HEC, Tariq Iqbal. He also shared that the documents of the candidates are considered as per the prevalent policy. For example, if a candidate applies for degree attestation in 2024, his/her documents will be evaluated as per the current policy.

The economic cost
The expense of changing a name is yet another important obstacle. The charges can mount up rapidly, ranging from affidavits and legal fees to processing fees by school boards, passport offices, and NADRA. These expenses are frequently unaffordable for persons with low incomes. “It cost me somewhere 40-45 thousand rupees to get all my documents corrected,” said Saleem, adding that the financial burden is further increased by the indirect costs, which include missed workdays, travel fees for frequent trips, and missed chances as a result of delays.
Pakistan's bureaucratic procedures are still mainly manual and disjointed in an age of digital innovation. The lack of integration between government departments means that citizens often need to repeat the same process at multiple offices. For instance, changing a name on a CNIC does not instantly alter the names on other documents that are linked to it, like driver's licenses or passports.

In addition to adding to citizens’ workloads, the lack of a centralised, computerised system opens the doors to problems. The public's confidence in these organisations is further damaged by the numerous applicants who claim to have been approached for bribes to speed up their cases. “You will find many people claiming to be lawyers or agents who will make you believe that they will get your documents corrected, but that is not true, there are rules of law to be followed, and changing names on documents can cost from 20-50 thousand rupees sometimes,” cautioned Zameer.

Updating the system
Systemic reform is desperately needed, as seen by the difficulties citizens encounter when attempting to change their names on official papers. “I do not understand why the NADRA employees don’t guide the citizens well when they get any document made, and there is any mistake in there.

For example, if the person had mentioned to my father that not adding the last name in the document could cause us problems after 18 years, then all this hassle wouldn’t be there also, all our birth certificates do have surnames, and were the only source of the document to get the B-form made but no one wants to get their work done, and only citizens suffer both financially and physically,” lamented Khan.

The procedure of changing names on official documents is representative of more significant structural problems in a nation where bureaucracy frequently acts as a hindrance rather than an enabler. Even while there has been significant progress, much more work has to be done to guarantee that citizens can exercise their rights without facing excessive obstacles.
The effort to alter their names is a battle for equality, respect, and identity rather than merely a matter of paperwork.