Case Note & Summary
The petitioner, Master Adhrith Bhat, a minor represented by his mother Deepika Bhat, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 04.11.2023 issued by the Registrar of Births and Deaths, Udupi City Municipality Council. The petitioner's parents had initially requested the Registrar to enter the child's name as 'Adhrith Bhat' in the birth certificate. However, they later discovered that the name was astrologically inappropriate and sought to change it to 'Shrijith Bhat' by a request made on 04.11.2023. The Registrar refused the request on the ground that there is no provision under the Registration of Births and Deaths Act, 1969 for changing a name in a birth certificate. The High Court, after hearing the parties, observed that the Registrar has inherent power to correct or change names in birth certificates, and the refusal was not justified. The Court set aside the impugned endorsement and directed the Registrar to consider the petitioner's application afresh and pass appropriate orders in accordance with law within four weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Registration of Births and Deaths - Name Change - Inherent Powers - Registration of Births and Deaths Act, 1969 - The Registrar refused to change the child's name citing no provision under the Act. The High Court held that the Registrar has inherent power to correct or change names in birth certificates, and the refusal was unjustified. The Court directed the Registrar to consider the application afresh and pass appropriate orders within four weeks. (Paras 1-4)
Issue of Consideration
Whether the Registrar of Births and Deaths can refuse to change a name in a birth certificate on the ground that there is no provision under the Registration of Births and Deaths Act, 1969 for such change.
Final Decision
The impugned endorsement dated 04.11.2023 is set aside. The Registrar is directed to consider the petitioner's application afresh and pass appropriate orders in accordance with law within four weeks from the date of receipt of the order.
Law Points
- Name change in birth certificate permissible under inherent powers of Registrar
- Registration of Births and Deaths Act
- 1969 does not prohibit correction of name
- Article 226 of Constitution of India
