Baptism Certificate Cannot Be Given Primacy Over Official Documents Like Aadhar Card To Ascertain Date Of Birth: Kerala High Court

The Kerala High Court has held that baptism certificate cannot be given primacy over official documents like SSLC Certificate, Aadhaar Card, PAN Card and driving license to ascertain the date of birth of a person belonging to Christian community.

Justice Murali Purushothaman observed thus:

“A baptism certificate is issued by the Church to record the baptism of a person. No primacy can be accorded to baptism certificate when public documents are available indicating the date of birth.”

The petitioner challenged the order of the Revenue Divisional Officer (RDO) rejecting his application for birth certificate citing difference in date of birth in the baptism certificate as opposed to the date of birth shown in SSLC Certificate, Aadhaar Card, PAN Card and driving license. He wanted to obtain birth certificate from Registrar of Births and Deaths for applying Green Card to stay with his family in USA. Since, his birth was not registered with the Panchayath, he had to approach the Revenue Divisional Officer (RDO) to verify correctness of birth as provided under Section 13 of the Registration of Births and Deaths Act, 1969.

The Counsel for the petitioner submitted that the RDO should have relied upon date of birth in the official documents. It was argued that the baptism certificate issued by the Church was not an official document, was inconclusive and should not be relied upon to reject petitioners’ application for birth certificate.

The Counsel for the respondents contended that for Christians, baptism certificate indicating the date of birth should also be considered.

The Court found that public documents like SSLC Certificate, Aadhaar Card, PAN Card and driving license enjoys legal presumption of correctness under the Indian Evidence Act. It stated that baptism certificate issued by the Church records the baptism of a person and cannot be considered dominant over the date of birth shown in the official documents.

“When the S.S.L.C certificate, Aadhaar card, passport, PAN card and driving licence show the date of birth of the petitioner as 27.05.1966, the RDO cannot ignore the same and reject the application for birth certificate for the reason that the date of birth entered in the baptism certificate differs.”

On the above observations, the Court allowed the writ petition and directed the RDO to issue birth certificate on the basis of official documents.

Counsel for the petitioner: Advocates P Jinish Paul and Sneha V

Counsel for the respondent: Advocates T.N Manoj, Abhilash M.J. and Government Pleader Sreejith

Case number: WP(C) NO. 20944 Of 2023

Case name: Tony Francis Padiyappuram V State of Kerala

Citation: 2023 LiveLaw (Ker) 475

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