The Gujarat High Court has held that Registrars have power to make changes in Birth or Death Certificate and thus one has right to seek the same under Registration of Births and Deaths Act, 1969.
A writ petition seeking direction to the Registrar to issue afresh Birth Certificate in the name of son of the Petitioner after making necessary correction in his date of birth was allowed by single-judge bench of Justice Vaibhavi D Nanavati.
Learned Counsel for the petitioner submitted that there is discrepancy in the birth date of the petitioner's son in the birth certificate in regard of which, a representation/application alongwith necessary documents including copy of School Leaving Certificate, Aadhar Card, Passport etc. was submitted to the concerned Registrar.
However, the same was refused on the ground that the competent authority does not have the jurisdiction to decide the said application.
The Court ruled that the documents are required to be considered by the Registrar in line with Section 15 of the Registration of Birth and Death Act read with Rule 11(4) of the Registration of Birth and Death Rules. Section 15 and Rule 1 concern for Correction or Cancellation of entry in the register of births and deaths.
"It has to consider whether the entry in the birth date is correct or can be cancelled and denied after making inquiry and after going through relevant material which may be produced by the petitioner or which the competent authority may call for satisfying itself."
The writ thus succeeded and court clarIfied the above provision.
Read Order Here:
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