According to the Kerala High Court, under Section 23(2) of the Registration of Births and Deaths Act, Registrars may face penalties for unjustly declining to register any birth or death within their jurisdiction without sufficient cause.
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The Kerala High Court has declared that Registrars cannot withhold issuing a birth certificate on the basis of mere suspicion, nor can they mandate DNA testing to establish paternity without substantial grounds. This decision underscores the court’s commitment to upholding the legal rights of individuals and ensuring that administrative procedures do not infringe upon these rights.
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The court’s judgment came in response to a petition filed by individuals seeking the issuance of a birth certificate for their child. The petitioners had provided multiple documents to support their application, including a marriage certificate, medical certificates related to maternity leave, and certificates from religious institutions confirming the child’s birth.
Despite the comprehensive documentation, the Registrar had hesitated to issue the birth certificate, citing suspicions about the child’s paternity. This delay prompted the petitioners to approach the Kerala High Court for relief.
Single-judge Justice VG Arun added that registrars can be punished for the same.
“While furnishing of false information is an offence punishable under Section 23(1)(b) of the Act (Registration of Births and Deaths Act, 1969), as per Section 23(2), the Registrar can be punished for neglect or refusal to register any birth or death occurring within his jurisdiction, without reasonable cause. A conjoint reading of the above provisions would show that the Registrar cannot delay the issuance of the birth certificate without reasonable cause. Mere suspicion, as is discernible from communication, is not the same as the reasonable cause mentioned in 23(2) of the Act,”
-the Court said in its judgment.
High Court’s Observations and Judgment
The Kerala High Court meticulously reviewed the documents presented by the petitioners, which consistently identified the first petitioner as the child’s father. The court also examined the legal framework governing the registration of births and deaths, particularly the Registration of Births and Deaths Act of 1969. This Act outlines the duties of Registrars and the procedural requirements for issuing birth certificates.
In its judgment, the High Court made it clear that Registrars do not have the authority to postpone the issuance of a birth certificate based on unsubstantiated doubts. The court stated,
“The Registrar cannot delay issuing a birth certificate due to mere suspicions.”
Furthermore, the court highlighted that Registrars are not permitted to initiate extensive investigations through police involvement or demand DNA tests to verify parentage without valid reasons. Such actions were deemed beyond the scope of their official duties and an overreach of their authority.
Directive to the Registrar
The Kerala High Court directed the Registrar to process the birth certificate application submitted by the petitioners within a two-week timeframe, adhering strictly to the legal provisions.
This directive emphasizes the court’s stance on ensuring that administrative processes are conducted fairly and without undue delay, safeguarding the rights of individuals to obtain essential documents like birth certificates without unnecessary hurdles.
Implications of the Ruling
This ruling by the Kerala High Court is a landmark decision that reinforces the principle of legal certainty and the importance of adhering to established procedures. It sends a clear message to Registrars and other officials involved in the issuance of vital documents that their duties must be performed objectively and without prejudice.
By limiting the scope for arbitrary delays and unwarranted investigations, the court has taken a significant step towards protecting the rights of citizens and ensuring the integrity of administrative processes.
Read/Download Judgment-
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