What’s In a Name

Sharma, Navneel (2025) What’s In a Name. The Journal of Comparative Law, 20 (1). pp. 221-227. ISSN 1477-0814

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Abstract

This article explores the legal case Nawaikula v The Supervisor of Elections in Fiji, which centers on the right to choose and use one's name, highlighting the intersection of legal principles, government response, and societal implications. The case arose when Niko Nawaikula, a Member of Parliament, faced deregistration from the voter list for using a name other than the one on his birth certificate. The Court of Disputed Returns ruled in his favor, affirming the legal right to adopt a name through usage and reputation. However, following this decision, the Fiji First government responded with legislative amendments requiring voters to register under their birth names, a change that disproportionately affected women, particularly those who had adopted their married names. The article examines these amendments through the lens of feminist legal theory, which advocates for gender equality and autonomy in the right to choose one's name. While the government’s changes sparked widespread dissatisfaction, especially among women, a new coalition government in 2023 reversed these amendments, restoring the right for individuals to use their preferred names. This case highlights the complex interplay between legal authority, gender identity, and societal change, illustrating both the victories and setbacks in the ongoing struggle for gender equality and individual rights.

Item Type:	Journal Article
Subjects:	K Law > K Law (General)
Divisions:	School of Law and Social Sciences (SoLaSS)
Depositing User:	Navneel Sharma
Date Deposited:	03 Jun 2025 00:50
Last Modified:	03 Jun 2025 00:50
URI:	https://repository.usp.ac.fj/id/eprint/14875

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