S.21 Registration Of Births & Deaths Act Doesn't Authorise Registrar To Compel Parents And Child To Undergo DNA Test: Kerala High Court

The Kerala High Court has made it clear that a Registrar's power to call for information regarding birth or death under Section 21 of the Registration of Births and Deaths Act, 1969 does not extend to order DNA test of a newborn and its parents.

Justice VG Arun criticised the Registrar of Cheranalloor Grama Panchayat for refusing to issue birth certificate to the female child born to the petitioners and asking them to prove their paternity by undergoing DNA tests. The single-judge bench observed,

"Of course, Section 21 confers the Registrar with the power to require any person to furnish any information within his knowledge in connection with the birth or death in the locality where that person is residing. This power to call for information does not authorise the Registrar to conduct a roving enquiry through police or to compel the child and the parents to undergo a DNA test."

The petitioners had applied for a birth certificate following the birth of their child but the respondent directed a DNA test of the child on account of some suspicions.

The bench referred to Section 12 of the Act which mandates the Registrar to issue certificates relating to the information provided and to Section 23(2) under which the registrar can be punished for neglect or refusal to register any birth or death occurring within his jurisdiction, without reasonable cause.

Court said the Act was enacted with the objective of implementing a sound and unified system for registration of births and deaths in the country and hence, Registrar cannot delay the issuance of the birth certificate without reasonable cause, on mere suspicion.

Counsel for Petitioners: Advocates PA Mujeeb, Reshma R, Nezrin T Ibrahim, Sreelakshmi P, Salwa T Muhammed, TA Athira and Muhammad Hashir M

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