Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court

The Kerala High Court recently directed all the Registrars under the Municipality and Grama Panchayat to conduct an enquiry adhering to provisions under the Registrations of Birth and Deaths Act, 1969, while considering applications seeking correction of Birth Certificates, and not to reject such applications summarily. 

Justice Amit Rawal made the direction upon noting instances where the Registrars, without adhering to the provisions of Section 15 and Rule 11 and other rules, are rejecting applications for the correction of birth records.

If any such application is made for correction or cancellation of entry in the records of Registrar, the Registrar is required to hold an enquiry...The Government Pleader is directed to circulate the order of this Court to all the Registrars under the Municipality and the Grama Panchayat to follow the procedure to prevent spate of litigations in this Court wherein the applications are being rejected summarily.

The Petitioner, who is an Indian citizen who is working in the USA, approached the Court seeking the correction of the date of birth of the petitioner as there was a requirement to submit the birth certificate for the purpose of applying for a Green Card. However, when the petitioner approached the registrar of births and death, the application was rejected for wanting of Gyneic Registrar. 

The Counsel appearing for the petitioner, Advocates Biju Abraham and Thomas C. Abraham, pointed out that a Gyneic Register was not available in the hospital however, a certificate issued by the hospital authorities stating that the mother of the petitioner had delivered a female baby on 14.09.1984 was submitted. 

The Counsel appearing for the respondents, Senior Government Pleader V. K. Sunil, submitted that it was the duty of the Registrar to correct the birth certificate and has the power to do so. They would not be averse in holding an enquiry and correcting the date of birth.

Rule 11 of the Act, which deals with the correction or cancellation of entry in the register of births and death, provides that if any person asserts that any entry in the register of births and deaths is erroneous in substances, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.

The Court, after a combined reading of Section 15 and Rule 11 of the Act, observed that if any such application is made for correction or cancellation of entry in the records of the Registrar, the Registrar is required to hold an enquiry. 

The Court observed that the application of the petitioner should not have been dismissed but should have been decided in accordance with the said provisions. The Court quashed the impugned order, thereby directing the Registrar to correct the birth certificate taking the evidence of the petitioner in accordance with law within two months. 

Case Title: Jeenamol Varghese v. State of Kerala & Anr. 

Citation: 2022 LiveLaw(Ker) 488

Click Here To Read/Download The Order