Case Note & Summary
The Bombay High Court, Nagpur Bench, took suo motu cognizance of irregularities in the issuance of birth certificates by the Municipal Council, Hinganghat, District Wardha, while disposing of Writ Petition No.4842/2016 on 8th October 2018. The Court noticed that a birth certificate relied upon in that petition was issued more than six months after the impugned order of the Scrutiny Committee and without following the procedure prescribed under the Registration of Births and Deaths Act, 1969. Consequently, the Court directed the Registry to register a Public Interest Litigation (PIL) to ensure that authorities act according to the mandate of Sections 8, 10 and 13 of the Act. In the PIL, the Court heard Mr. Ashwin Deshpande as amicus curiae, Mr. H.R. Dhumale for the State of Maharashtra, and Mr. Manoj P. Kariya for the Municipal Council. The Court examined Section 13 of the Act, which provides a graded procedure for delayed registration: births or deaths reported within 30 days can be registered on payment of late fee; those reported after 30 days but within one year require written permission of the prescribed authority and an affidavit before a notary public; and those reported after one year require an order from a Magistrate of the first class or Presidency Magistrate after verifying correctness. The Court held that the authorities must strictly comply with these provisions and directed the Chief Officer of the Municipal Council, Hinganghat, to ensure that no birth or death certificate is issued without following the prescribed procedure. The PIL was disposed of with these directions.
Headnote
A) Registration of Births and Deaths - Delayed Registration - Section 13 Registration of Births and Deaths Act, 1969 - The Court examined the procedure for delayed registration of births and deaths under Section 13, which requires registration within 30 days on late fee, within one year with written permission and affidavit, and beyond one year only on order of a Magistrate of first class or Presidency Magistrate - Held that authorities must strictly follow the prescribed procedure (Paras 5-6).
Issue of Consideration
Whether the authorities are complying with the mandate of Sections 8, 10 and 13 of the Registration of Births and Deaths Act, 1969 while issuing birth certificates
Final Decision
The Court directed the Chief Officer of the Municipal Council, Hinganghat, to ensure that no birth or death certificate is issued without following the procedure prescribed under the Registration of Births and Deaths Act, 1969, particularly Section 13. The PIL was disposed of with these directions.
Law Points
- Delayed registration of births and deaths requires compliance with Section 13 of the Registration of Births and Deaths Act
- 1969
- including permission from prescribed authority
- affidavit
- and Magistrate's order for delays beyond one year
