Case Note & Summary
The petitioner, Fathima Richelle Mather, a citizen of India pursuing her Master's in Management at IE University, Madrid, Spain, was born on 28.4.2000 at Bhagwan Mahaveer Jain Hospital, Bangalore. The birth certificate issued at that time contained the names of her father and mother but omitted her name. Subsequently, the petitioner applied to the Registrar of Births and Deaths and Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP), seeking inclusion of her name in the birth certificate. The respondent issued an endorsement dated 28.07.2023 (Annexure-E) refusing the request. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the endorsement and a writ of mandamus directing the respondent to issue a birth certificate including her name. The Court, after hearing the parties, observed that the omission of the petitioner's name in the birth certificate was a mistake that could be rectified. The Court held that the respondent's refusal was unjustified and directed the respondent to issue a fresh birth certificate with the petitioner's name within a specified period. The petition was allowed with the above direction.
Headnote
A) Registration of Births and Deaths - Inclusion of Name in Birth Certificate - Section 15, Registration of Births and Deaths Act, 1969 - The petitioner sought inclusion of her name in the birth certificate which was omitted at the time of registration. The respondent refused on the ground that the name was not mentioned in the original certificate. The Court held that the omission of the name does not disentitle the petitioner to have her name included, and directed the respondent to issue a fresh birth certificate with the petitioner's name. (Paras 1-5)
Issue of Consideration
Whether the respondent authority can refuse to include the name of the petitioner in the birth certificate when the name was omitted at the time of registration.
Final Decision
The writ petition is allowed. The endorsement dated 28.07.2023 is quashed. The respondent is directed to issue a fresh birth certificate with the name of the petitioner within a period of four weeks from the date of receipt of a copy of this order.
Law Points
- Right to have name included in birth certificate
- Registration of Births and Deaths Act
- 1969
- Section 15
- Writ of Mandamus
- Writ of Certiorari
