Delhi High Court
Nashrin Khatun vs The Govt. Of Nct Of Delhi & Ors on 6 November, 2017
$~8
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)No.632/2017
% Date of decision : 6th November, 2017
NASHRIN KHATUN ..... Petitioner
Through : Ms. Sija Nair Pal, Adv.
versus
THE GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through : Mr. Satyakam, ASC for
GNCTD with Mr. Akshay
Agarwal, Adv.
Mr. Sanjoy Ghose, ASC,
GNCTD with Mr. Rhishabh
Jetley, Adv.
Mr. G.D. Mishra, Standing
Counsel for R-3/EDMC and
SDMC.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. By this writ petition, filed in public interest, a grievance was
raised by the writ petitioner relating to difficulties in obtaining birth
certificates of the children of residents of the settlements at Shakur
Basti, Yamuna Khadar, Chilla Khadar and Kalyanpuri.
2. The petitioner had inter alia prayed for a direction to the
respondents to start a single window operating system for quick
issuance of birth certificates from a single office so that the
marginalised people get birth certificates issued in an easy manner.
Certain consequential directions were also prayed in this regard.
3. We have considered this writ petition on several dates. On 25th
July, 2017, we had extracted the following averments made in the
counter affidavit filed by the MCD on 8th May, 2017 :
"1. The MCD has filed a counter affidavit (at page 121)
inter alia stating as follows:
(i) All empanelled hospitals are authorized to
upload the birth/death events of their hospitals in the
data base of the EDMC website through their allotted
designated login and password.
(ii) It is submitted that the copy of the discharge
slip of the hospital having the information of the date
of birth and name of the parents of the child is
sufficient to identify the registered events in the
EDMC data base. The petitioner or parent of any of
the cases mentioned in the writ petition, whose child
birth have taken place in the Lal Bahadur Shastri
Hospital, MCD Hospital in the jurisdiction of the
Shahdara (South) Zone, EDMC, can approach the
Citizen Service Bureau, Shahdara Zone (South)
EDMC near Karakardooma Courts, Delhi, with copy
of the discharge slip of the hospital so that birth
certificates can be issued from the Citizen Service
Bureau of the Shahdara (South) Zone, EDMC."
4. We were informed by Ms. Sija Nair Pal, learned counsel for the
petitioner that common persons, residing in the area, were unaware of
the procedure available or required to be followed for applying and/or
obtaining birth certificates and a request was made that the Municipal
Corporation be directed to publicise the same.
5. In view thereof, we had directed the respondents to place on
affidavit the manner in which publicity was to be given regarding
availability of the procedure for registration and to obtain birth/death
certificate.
6. Pursuant to these directions, an affidavit dated 3 rd November,
2017 sworn by Dr. Somashekhar, presently posted as Deputy Health
Officer, Shahdara (South) Zone, EDMC, Karkardooma Courts, Delhi
has been filed wherein the following steps about the availability of
facilities for registration of birth/death certificate have been disclosed :
"(i) Decentralization of the birth and death registration
centres: Apart from the existing two citizens service bureaus
in the zonal offices of the Shahdara North and Shahdara
South zones, one each has been made functional in the
premises of the Bhama Shah Prasuthi Kendra, Kichiripur in
Shahdara South and the other in the premises of the
Virsavarkar Aroghya Sansthan hospital in Karawal nagar,
Shahdara North zone.
(ii) That in order to avert unnecessary queue in the
Citizen Service bureaus and facilitate in verifying and
collecting print of the birth/death registration certificates at
home or cyber cafes, the birth and death events registered
since 2004 are available in the public domain of the EDMC
website. Based on the registration no. or by entering name
of the person, father's name and mother's name (first three
letters of the name) along with date of birth/death one can
verify and subsequently one can get PDF format of the
certificate from which certificate can be printed.
(iii) That for the purpose of giving wide publicity on the
birth and death registration through outdoor campaign, 70
bill boards/hoardings of the size of 6' X 3' have been
displayed in the jurisdiction of EDMC.
(iv) It is further submitted that during the year 2015, for
providing inter person communication through handbills
with information on the procedure for registration of
birth/death, approx. one lakh handbills were distributed to
the general public.
(v) It is further submitted that display boards (200 nos.)
containing information on birth and death registration have
also been displayed in the Citizen service bureaus,
government hospitals and private empanelled hospitals."
7. Additionally, the respondents had given an undertaking that it
follows all guidelines issued by the Registrar General for Civil
Registration Systems.
8. We are positive that the respondents shall ensure that the above
steps which have been placed before this court shall be promptly and
efficiently undertaken so that no difficulty is caused to the public at
large.
9. Given the nature of issues which have been raised and stand
addressed by the East Delhi Municipal Corporation as noted above,
we are of the view that every Municipal Corporations concerned with
the registration of birth and death deserves to undertake similar steps.
10. In view thereof, let a copy of this order be served by the
Registry upon the South Delhi Municipal Corporation and the North
Delhi Municipal Corporation as well as the New Delhi Municipal
Council through their Chairpersons who shall also take all steps as are
essential for notifying the public at large about the available facilities
regarding registration of births and deaths.
11. Mr. G.D. Mishra, Standing Counsel for SDMC as well shall
also inform the South Delhi Municipal Corporation and Mr. Ajjay
Aroraa, Standing Counsel, NDMC, who is present in this court, shall
inform the North Delhi Municipal Corporation to ensure that our
orders are complied with.
This petition is allowed in the above terms.
Dasti under signatures of the Court Master.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
NOVEMBER 06, 2017/kr
