Case Note & Summary
The petitioner, M. Tharjudeen, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a direction to the third respondent, the Commissioner of Keelakarai Municipality, to issue a death certificate for his brother-in-law, Habeeb Mohammed Sathakathullah, who died on 16.08.2021 due to illness. The cause of death was confirmed by Dr. Fakrudeen, a qualified medical practitioner holding a BHMS degree from Tamil Nadu Dr. M.G.R. Medical University and registered as a medical practitioner under Registration No. 58881104 and Homeopathy Medical Registration Certificate No. 1904. The petitioner submitted the death certificate issued by Dr. Fakrudeen to the municipality for registration, but the registration was refused on the ground that a BHMS doctor is not a registered medical practitioner under the Registration of Births and Deaths Act, 1969. The petitioner then made a representation on 14.12.2021, which was not considered, leading to the filing of the writ petition. The court heard the counsel for the petitioner, Mr. C. Venkatesh Kumar, and the respondents. The court examined Section 2(i) of the Registration of Births and Deaths Act, 1969, which defines a registered medical practitioner as a person who holds a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916, or in the Schedules to the Indian Medical Council Act, 1956, or in the Homeopathy Central Council Act, 1973, or in the Indian Medicine Central Council Act, 1970, and who is registered under the relevant Act. The court noted that the BHMS degree is recognized under the Homeopathy Central Council Act, 1973, and Dr. Fakrudeen is registered under that Act. Therefore, the court held that a BHMS doctor is a registered medical practitioner under Section 2(i) of the Registration of Births and Deaths Act, 1969, and the death certificate issued by such a doctor is valid for registration. The court allowed the writ petition and directed the third respondent to register the death and issue the death certificate within two weeks from the date of receipt of a copy of the order.
Headnote
A) Registration of Births and Deaths - Validity of Death Certificate - BHMS Doctor - Section 2(i) of Registration of Births and Deaths Act, 1969 - The court considered whether a death certificate issued by a BHMS degree holder is valid for registration. The court held that a BHMS degree holder is a registered medical practitioner under Section 2(i) of the Act, and therefore the death certificate is valid. The court directed the third respondent to register the death and issue the death certificate within two weeks. (Paras 1-5)
Issue of Consideration
Whether a death certificate issued by a doctor holding a BHMS degree (Bachelor of Homeopathic Medicine and Surgery) is valid for registration of death under the Registration of Births and Deaths Act, 1969.
Final Decision
The writ petition is allowed. The third respondent is directed to register the death of the petitioner's brother-in-law and issue the death certificate within two weeks from the date of receipt of a copy of this order.
Law Points
- BHMS degree holder is a registered medical practitioner under Section 2(i) of the Registration of Births and Deaths Act
- 1969
- Death certificate issued by BHMS doctor is valid for registration of death
- Writ of Mandamus can be issued to compel statutory duty
