Case Note & Summary
The petitioner, Ms. Alka Nagaraj Simha, born on 06.07.1983 in Mysore to Sri K.N. Nagaraja and Smt. K. Mamatha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the endorsement dated 29.10.2020 issued by the Registrar of Births and Deaths, Mysore Mahanagara Palike, rejecting her application for inclusion of her name in her birth certificate. The birth was registered with the respondent and a certificate under Section 17 of the Registration of Births and Deaths Act, 1969 was issued to her parents, but the certificate only mentioned the birth of a female child without her name, as per custom the child was named a few months after birth. The petitioner, now residing in the United States and applying for a Green Card, required a birth certificate reflecting her name. The respondent rejected the application on the ground of delay. The court considered the provisions of the Act and the Karnataka Registration of Births and Deaths Rules, 1999, particularly Rule 11 which allows inclusion of name within 12 months or later with prescribed fee. The court held that there is no time limit for inclusion of name in the birth certificate and the Registrar cannot refuse on the ground of delay. The impugned endorsement was quashed, and the respondent was directed to include the name 'Alka Nagaraj Simha' in the birth certificate within four weeks upon payment of prescribed fee.
Headnote
A) Registration of Births and Deaths Act, 1969 - Correction of Birth Certificate - Inclusion of Name - Section 15 - The petitioner's birth was registered without her name as per custom of naming after few months. The Registrar rejected the application for inclusion of name citing delay. The High Court held that there is no time limit prescribed under the Act or Rules for inclusion of name in the birth certificate. The Registrar is duty-bound to include the name upon application and payment of prescribed fee. The impugned endorsement was quashed and the respondent was directed to include the name 'Alka Nagaraj Simha' in the birth certificate within four weeks. (Paras 1-5) B) Registration of Births and Deaths Act, 1969 - Birth Certificate - Evidentiary Value - Section 17 - The birth certificate issued under Section 17 is a public document and serves as proof of birth. The omission of the child's name does not invalidate the certificate. The name can be included subsequently as per Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999. (Paras 2-4)
Issue of Consideration
Whether the Registrar of Births and Deaths can refuse to include the name of a child in the birth certificate on the ground that the application was made after a long delay, when the birth was registered without the name.
Final Decision
The writ petition is allowed. The impugned endorsement dated 29.10.2020 is quashed. The respondent is directed to include the name of the petitioner as 'Alka Nagaraj Simha' in the birth certificate within four weeks from the date of receipt of a copy of this order, on payment of prescribed fee.
Law Points
- Birth certificate can be corrected to include name of child even if name was not given at time of registration
- Section 15 of Registration of Births and Deaths Act
- 1969 allows correction of entry
- Rule 11 of Karnataka Registration of Births and Deaths Rules
- 1999 permits inclusion of name within 12 months or later with prescribed fee
- No time limit for inclusion of name in birth certificate
- Registrar cannot reject application solely on ground of delay
