We often talk about Indian being accustomed to patriarchy and most of our customs and traditions also hint us towards believing so. When a woman gets married, she, then adopts the surname of her husband. In Hindu communities, the gothram changes for a woman. On simple understanding, gothram can be referred to as the root of a family and even that tends to change. When a child is born, he/she is automatically recognized by the origins of the father irrespective of the lineage of the mother.

To change or reform these customs is not just a matter of law enforcement; rather it hints towards social awareness as well. The change may not be adaptable for everyone, but at least it will provide a leniency towards those who choose to be recognized by the lineage of their mothers. In a recent case, Kasturi Sushma Khandekar v. State of Maharashtra[1], it was held by the Bombay High Court that a child raised by his/ her mother is entitled to stake claim as belonging to the mother's caste.[2] In this case, the parents were divorced and the child was completely raised by her mother since she was seven years old.

In the recent times, the Indian judiciary has taken few steps in bringing out a liberal point of view in the issue of adaptation of lineage. In the case of Vindhya Saxena Vs. East Delhi Municipal Corporation[3], the Delhi High Court had held as follows[4]:

            “A father does not own the daughter to dictate that she should use only his surname. If the minor daughter is happy with her surname, what is your problem? Every child has a right to use his/her mother’s surname if he/she wishes to.”

The Vindhya Saxena judgment in the year 2021 and the Kasturi Sushma Khandekar judgment in 2022 bring out a clear picture as to the child’s choice of selecting the lineage. The 2022 judgment laid down by the Bombay High Court had also taken into account, the case of Rameshbhai Dabhai Naika v. State of Gujarat and Ors.[5] and supported their judgment stating that the petitioner is entitled to carry her mother’s caste and social status. However, these two judgments have come out of State jurisdictions and a similar view is yet to be received by the Apex Court in order to make this a precedent for all parts of the nation.