Registrar Of Birth & Death Can't Conduct Roving Enquiry Through Police Or Compel Child And Parents To Undergo DNA Test: Kerala HC
The Kerala High Court has held that Section 21 of the Registration of Births and Deaths Act, 1969 (the Act) does not authorise a Registrar to conduct a roving enquiry through police or to compel a child and the parents to undergo a DNA test.
The police had directed a DNA test of a child and its parents after the parents had submitted an application for the birth certificate of their child.
On enquiry, the parents were informed that a suspicion had arisen regarding the birth of the child and enquiries were made at the Health Centre and Police Station. As the suspicion could not be cleared even after such enquiry, the said DNA test was ordered.
A Single Bench of Justice V.G. Arun observed, “While furnishing of false information is an offence punishable under Section 23(1)(b) of the Act, as per Section 23(2), the Registrar can be punished for neglect or refusal to register any birth or death occurring within his jurisdiction, without reasonable cause. A conjoint reading of the above provisions would show that the Registrar cannot delay the issuance of the birth certificate without reasonable cause.”
Advocate P.A. Mujeeb represented the petitioners, while Sr. GP. Bimal K. Nath appeared for the respondents.
The parents filed a writ petition and submitted their marriage certificate and a document from a Cathedral certifying the date of birth of the child.
The Court explained, “The Registration of Births and Deaths Act, 1969 ('the Act' for short) was enacted with the objective of implementing a sound and unified system for registration of births and deaths in the country. As per section 7 of the Act, Registrars have been appointed for every local area within the jurisdiction of a Municipality, Panchayat or other local authority.”
Section 12 of the Act requires a Registrar to issue an extract of particulars related to the birth or death of a person who gives the said information.
The Court remarked that a Registrar cannot delay the issuance of a birth certificate without reasonable cause and held, “Mere suspicion, as is discernible from…communication, is not the same as the reasonable cause mentioned in 23(2) of the Act.”
Subsequently, the Registrar was directed to process the application submitted by the parents for the birth certificate of their child.
Accordingly, the High Court allowed the writ petition.
Cause Title: Romeo Victor & Anr. v. Cheranalloor Grama Panchayath & Ors. (2024:KER:10521)
Appearance:
Petitioners: Advocates P.A. Mujeeb, Reshma R., Nezrin T. Ibrahim, Sreelakshmi P., Salwa T. Muhammed, T.A. Athira and Muhammad Hashir M.
Respondents: Sr. GP. Bimal K. Nath