Supreme Court Notice on Birth Registration

• 07 Dec 2023

Source: TH

Why in News?

The Supreme Court has issued notice to the Union government related to a petition seeking the effective implementation and full realization of the object and purpose of the Registration of Births and Deaths (RBD) Act, 1969.

• The petition highlights birth registration as a fundamental right that has been recognised in various international conventions as well as in the Universal Declaration of Human Rights and its significance in establishing individual legal identities.

What are the Major Provisions Related to Registration of Births in India?

• Registration of Births and Deaths Act, 1969:
  • Registrar Appointments: Registrars are appointed for local areas under Section 7 of the RBD Act, 1969 to oversee the registration of births within their jurisdictional area.
    • These registrars can be individuals affiliated with various entities like municipalities, Panchayats, government health institutions, or other local authorities designated by the State Government.
  • Institutional Responsibilities: Under the Registration of Births and Deaths Act, 1969, institutions such as hospitals, health centers, maternity or nursing homes are responsible for reporting births occurring within their premises to the registrar.
  • Citizen's Obligations: In the case of births, citizens are required to inform the registrar within 21 days of the event occurring in their jurisdiction.
• Registration of Births and Deaths (Amendment) Act, 2023: It paved way for digital birth certificates which will be a single document to be used for admission to educational institutions, applications for driving license, government jobs, passports or Aadhaar, voter enrolment, and registration of marriage, among others
  • It will be compulsory for States to register births and deaths on the Centre’s Civil Registration System (CRS) portal and share data with the Registrar General and Census Commissioner of India (RGI) which functions under the Union Home Ministry.

What is the Previous Stance of the Supreme Court over Birth Registration?

• The previous Supreme Court interventions, including a 2011 judgment in the Committee for Legal Aid to Poor v. Union of India case and the 2016 Voluntary Health Association of Punjab v. Union of India case, emphasized the importance of birth registration and the alarming consequences of sex-selective abortions on sex ratios.
• Despite court directives to create a centralized database for civil registration records, the authorities have allegedly failed to adhere to the orders, leading to inadequate data availability hindering transparency and research.