Authorities Should Not Insist On Strict Evidence For Issuing Birth Certificate, Must Adopt Lenient Approach: Kerala High Court
Manju Elsa Isac
18 March 2025 9:57 AM
The Kerala High Court recently observed that authorities should take a lenient approach while issuing birth certificate and not insist on strict evidence.
In doing so the court quashed a letter issued by the Secretary Mayyanad Grama Panchayat to the parents of a child, rejecting their application for issuance of birth certificate on the ground that an inquiry revealed that no evidence was found that the child was born in the house of the petitioners' relative as was claimed by them.
Justice Ziyad Rahman A. A. in his order observed that the petitioner-parents had produced affidavits sworn by relatives, including the members of the house where the birth took place and these were "crucial documents which ought to have been taken into account" by the authorities. The court thereafter said,
“Since, this is relating to the question of registration of a birth, a lenient approach ought to have been made and strict evidence should not have been insisted upon. Under normal circumstances, no one needs to make up a false story with respect to the place of birth of a child, and the same is also not likely to cause any prejudice to any person or affect the rights of any other person.”
The court was hearing a case where a child was given birth in the parent's relatives home. As per the petitioners, the child was born before the mother could be taken to the hospital. The child was born in Mayyanad Grama Panchayat. However, when they approached the Panchayat for issuance of a birth certificate, the same was denied saying that an inquiry conducted by the Superintendent of CHC Mayyanad revealed that there was no proof to show that the child was born in the said home within the Panchayat limit. It was also reported that the petitioners were not residing at the residence mentioned therein.
The Court noted that as per Section 8(1) of the Registration of Birth and Deaths Act, 1969, in respect of birth and death in a house, information has to be submitted to the Registrar by the head of the house and in case more than one household live in the house, the head of the household and certain others in other specified circumstances. In this case, the information was given by the mother of the child who is admittedly not the head of the household where the birth took place. However, the Court observed that this was not the reason given by the Panchayat for rejecting the application.
The Court said that the Panchayat should not have solely relied on the report of the Superintendent of CHC and should have looked into other sources to verify if the birth had actually taken place within the jurisdiction of the Panchayat as claimed by the parents.
"Therefore, an interference is required at the instance of this Court since Ext.P3 does not contain a proper inquiry to find out whether the birth has taken place within the jurisdiction of the 1st respondent Panchayath," the court said.
Disposing of the plea, the court quashed the letter and asked the Panchayat's Secretary to reconsider the parent's request for the birth certificate and grant the same taking note of the affidavits of the petitioners' relatives. The court said that the petitioner shall produce the affidavits of the said persons in original before the 2nd respondent and thereupon the 2nd respondent shall register the birth of the 1st petitioner and issue a certificate to that effect.
"This shall be done within a period of one month from the date of receipt of the affidavits," the court said.
Counsel for the Petitioners: Advocates S. K. Adithyan, Althaf Nabeel
Counsel for the Respondents: Adv. Sasith M. R.
Case No: WP(C) 22274 of 2023
Case Title: Ummu Kulsoom and Others v Mayyanad Grama Panchayat and Others
Citation: 2025 LiveLaw (Ker) 186