One Individual Can't Hold Two Birth Certificates, Identity Is Established Not Only By Name & Parentage But Also By Date Of Birth: Delhi High Court

The Delhi High Court has observed that an individual cannot be permitted to hold two birth certificates, reasoning that the identity of a person is established not only by name and parentage but also by date of birth.

"Continuance of two birth certificates containing two different dates of birth would imply that one individual can pose as two different individuals; which error cannot be permitted to perpetuate," Justice Sanjeev Sachdeva observed.

The Court was dealing with a plea seeking a direction to the Deputy Commissioner of South Delhi Municipal Corporation to cancel the birth certificate of the petitioner issued on September 24, 2013.

It was contended by the petitioner that he was born in his village the birth certificate was issued at that time erroneously mentioned his date of birth as November 1, 2002 instead of November 1, 2001.

The petitioner therefore submitted that he had two birth certificates, one, dated September 24, 2013 where the date of birth was erroneously shown as November 1, 2002 and the another birth certificate dated October 30, 2015 where the correct date of birth was mentioned.

It was thus pointed out by counsel appearing for the petitioner that in the entire educational record of the petitioner the correct date of birth was mentioned, however, in the passport, it was mentioned as November 1, 2002.

The counsel appearing for the respondent Corporation submitted that there was no rule providing for cancellation of a birth certificate.

It was argued that both the certificates dated September 24, 2013 and October 30, 2015 were issued based on the reports of the District Magistrate certifying the date of birth which was in turn based on the information provided by the father of the petitioner.

On this, the counsel for petitioner submitted that father of the petitioner was an illiterate person and was not aware of the error committed by him.

"Petitioner is holding two birth certificates with two different dates of birth. One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his date of birth," the Court said.

Accordingly, the Court was of the view that in public interest, one of the birth certificates of the petitioner must be cancelled.

"Further, interest of justice also demands that one of the two certificates be cancelled," the Court added.

Therefore, the petition was disposed of with a direction to the respondent for revoking or canceling the birth certificate dated September 24, 2013 with the date of birth November 1, 2002.

Case Title: VIPIN SEHRAWAT v. DEPUTY COMMISSIONER SDMC

Citation: 2022 LiveLaw (Del) 140

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