If you are stuck in such a situation, here is what to do.

Mr. Rohan, a resident of the city of Suryanagar, was excited to apply for his first passport. He had planned an international trip and needed the document urgently. He gathered all his necessary documents: his Aadhaar Card, PAN Card, driving license, and his 10th and 12th-grade mark sheets. On every single one of these documents, his name was written as “Rohan Kumar”.

When he started filling out the online passport application, he came across two distinct fields: “Given Name” and “Surname”. This is where his confusion began. He wasn’t sure how to fill it out. Should he write “Rohan” as the given name and “Kumar” as the surname? Or should he enter the full name “Rohan Kumar” in the given name field and leave the surname blank? He had read online forums where people mentioned that not having a surname on the passport could lead to significant problems when applying for visas to countries like the United States, Canada, and several European nations. Worried about future complications, he sought legal advice on the correct procedure to follow.

Advice in such cases

Navigating the documentation for a passport can be tricky, especially when it comes to the nuances of names. Here is some general advice:

• Consistency is key. The name on your passport application must exactly match the name on your supporting documents, especially your birth certificate and most recent educational qualifications.
• If your documents only contain a single name, it is advisable to legally bifurcate it into a given name and a surname before applying. This involves a formal process.
• Many foreign embassies and immigration authorities are programmed to look for a surname. Lacking one can lead to visa application rejections or delays. It’s better to address this at the passport application stage.
• The process to add or split a surname usually involves creating a sworn affidavit, publishing the name change in two newspapers (one local, one national), and getting it notified in the Gazette of India.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The issuance of passports in India is primarily governed by The Passports Act, 1967, and the Passport Rules, 1980. These laws lay down the procedures, requirements, and grounds for refusal or revocation of a passport.

• Section 5 of The Passports Act, 1967, deals with the application for passports and the information to be furnished by the applicant.
• Section 6 outlines the grounds for refusal of passports. Discrepancies in personal information, such as the applicant’s name, can be a ground for refusal until rectified.
• While new criminal laws like the Bharatiya Nyaya Sanita (BNS) and Bharatiya Nagarik Suraksha Sanita (BNSS) have been introduced, passport issuance remains a matter of administrative law governed by its specific Act unless an element of fraud or forgery is involved, which would then attract criminal provisions.

If you are the complainant

In this context, the “complainant” is the applicant facing the naming issue. If you are in this situation, here are the steps to take:

• Organize all your official documents that carry your name. Create a list to see how your name is represented across all of them.
• If you decide to split your name, begin the legal process immediately. This includes preparing an affidavit, publishing newspaper ads, and applying for a Gazette notification.
• When filling out the application, ensure the name corresponds with the new, legally established format. Attach all supporting documents for the name change, including the affidavit and newspaper clippings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If your passport application has been put on hold or rejected due to a name discrepancy, you are the “victim” of a procedural hurdle. Here’s what you can do:

• Carefully read the communication from the Passport Seva Kendra (PSK) or Regional Passport Office (RPO). They will specify the exact reason for the hold or rejection.
• Do not submit multiple incorrect applications. Instead, focus on rectifying the issue as advised by the passport authorities.
• If the issue is the lack of a surname, you will likely be asked to complete the legal process of adding one and then re-applying with the updated documents.
• You have the right to appeal a decision or file a revised application once the documentary evidence is in order.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Police verification is a mandatory step in the passport issuance process for most normal applications. The role of the police is primarily to verify the applicant’s identity, address, and criminal antecedents. They do not typically get involved in the technicalities of name and surname bifurcation. However, if the name on the application differs significantly from the name known to neighbors or on local records, the police officer might flag it in their report. This can cause delays. The police report is an important part of the process, and a clear report is necessary for the passport to be issued smoothly.

FAQs people normally have

• What if all my documents have only a single name?
  
  You can apply with a single name, which will be printed in the “Given Name” field, and the “Surname” field will be left blank. However, it is highly recommended to legally add a surname to avoid future visa issues.
• Can I just split my name in the application without any legal process?
  
  No, this is not advisable. The passport office verifies your name against your supporting documents. Any unilateral change without a legal basis will lead to the rejection of your application.
• Will leaving the surname blank definitely cause visa problems?
  
  While not a guaranteed rejection, it significantly increases the chances of scrutiny, delays, or rejection for visas to countries like the USA, UK, Canada, and Australia, whose systems are built around a first-name/last-name structure.
• What is the legal process to add a surname?
  
  The process involves three main steps: creating a sworn affidavit stating your old and new name format, publishing the change in one national and one local newspaper, and getting the change notified in the Gazette of India.

What evidence is required?

To support your passport application and any name changes, you will need:

• Standard proof of identity and address: Aadhaar Card, Voter ID, etc.
• Proof of date of birth: Birth Certificate or School Leaving Certificate.
• For name bifurcation or change: A sworn affidavit before a Notary or Judicial Magistrate, original newspaper cuttings of the name change advertisement, and a copy of the Gazette notification.

How long will the investigation take?

The term “investigation” here refers to the verification process. For a standard passport application under the normal scheme, the process, including police verification, can take 3-4 weeks. If there is a name discrepancy that needs to be legally rectified, the timeline extends significantly. The process of getting an affidavit, newspaper publication, and Gazette notification can itself take anywhere from 4 to 8 weeks before you can even re-apply. Therefore, it is crucial to address any name issues well in advance of your planned travel.

Advocate Sudhir Rao, Supreme Court of India