In the aftermaths of the Chamoli disaster in Uttarakhand (February 7), the Health Department of the State has, under the directions of the Centre, decided to declare those missing in the tragedy, as “dead.”
Bodies of 69 persons have been recovered (out of the total 204 people missing) while 135 are still missing.
Following this notification (of declaring rest of the missing people as “dead”), the government has invoked the relevant provisions of Birth & Death Registration Act, 1969, under which the designated government officer will issue death certificates of the missing people to their family or relatives.
The notification stated,
“In normal circumstances, the birth and death certificates are issued to a person at the place where he is born or died. But in exceptional circumstances, like the Chamoli disaster, if a missing person is possibly dead beyond all possibilities of being alive but his body is yet to be found, in that case the authorities could declare him dead by issuing the death certificate to his family members after a required inquiry.”
For the purpose of issuing death certificate, the government has divided the missing people in three categories.
“The first category has the residents of the area near the site who went missing from the site. The second has those from other districts of state who were present at the site while the third category comprises tourists or people from other states who were present at the site.”
“Under the process, family members will have to submit an affidavit regarding the missing person along with all the necessary details to the designated government officer concerned who will then issue the death certificate after proper inquiry. This will help in settling compensation for the families of those missing.”
All you need to know about the Registration of Births and Deaths Act, 1969
Q 1. What is the legislative intent behind the Registration Of Births And Deaths Act, 1969?
The object of the Act is to provide for the regulation of registration of births and deaths and for matters connected therewith.
Q 2. What are some of the important definition and interpretations given under this statute?
(a) "birth” means live-birth or still-birth;
(b). “death” means the permanent disappearance of all evidence of life at any time after live-birth has taken place;
(c). “foetal death” means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy;
(d). “live-birth” means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born;
(g) “still-birth” means foetal death where a product of conception has attained at least the prescribed period of gestation
Q 3. Which authorities/ entities are created under the statute to facilitate the registration process?
The Act provides for the appointment of the following entitites, namely, (1). Registrar-General, India (Section 3), Chief Registrar (Section 4), District Registrar (Section 5), and Registrars (Section 6).
Q 4. Who all are required to register births and deaths under this Act?
[Section8] Chapter III contains provisions regarding persons who are required to register births and deaths. It provides that it "shall" be the duty of the persons specified below to give or cause to be given, (orally or in writing), information to Registrar of particulars required [to be entered in forms prescribed by State Govt. u/s 16(1)]:
(a). in respect of births and deaths in a house (residential or non-residential)- [not being any place referred to in clauses (b) to (e)]- the head of the house or, in case more than one household live in the house, the head of the household.
The head being the person, who is so recognised by the house or the household, and if he is not present in the house at any time during the period within which the birth or death has to be reported, the nearest relative of the head present in the house, and in the absence of any such person, the oldest adult male person present therein during the said period;
(b). In respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf;
(c) In respect of births and deaths in a jail, the jailor in charge;
(d). In respect of births and deaths in a choultry, chattram, hostel, dharmasala, boarding-house, lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof;
(e). in respect of any new-born child or dead body found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere:
(f) in any other place, such person as may be prescribed.
Q 5. What are the special provisions regarding births and deaths in a plantation?
[Section 9] In the case of births and deaths in a plantation, the superintendent of plantation is duty bound to give or cause to be given to the Registrar the information referred to in section 8. The persons referred to in clauses (a) to (f) u/s 8 (1) are required to furnish necessary particulars to the superintendent of the plantation.
Q 6. Who are duty bound to notify births and deaths and to certify cause of death?
(1). Section 10 mandates that it “shall” be the duty of;
i. the midwife or any other medical or health attendant at a birth or death,
ii. keeper or owner of a place set apart for disposal of dead bodies or any person required by a local authority to be present at such place, or
iii. any other person whom State Govt. may specify in this behalf by his designation, to notify every birth or death or both at which he or she attended or was present, or which occurred in such areas as may be prescribed, to the Registrar within such time and in such manner as may be prescribed.
(2). In any area, the State Government, having regard to the facilities available therein in this behalf, may require that a certificate as to the cause of death shall be obtained by the Registrar from such person and in such form as may be prescribed.
(3). Where the State Government has required under sub-section (2) that a certificate as to the cause of death shall be obtained, in the event of the death of any person who, during his last illness, was attended by a medical practitioner, the medical practitioner shall, after the death of that person, forthwith, issue without charging any fee, to the person required under this Act to give information concerning the death, a certificate in the prescribed form stating to the best of his knowledge and belief the cause of death; and the certificate shall be received and delivered by such person to the Registrar at the time of giving information concerning the death as required by this Act.
Q7. What are the duties and rights of an informant?
Section 11 provides that every person who has orally given to Registrar any information required under this Act shall write in the register maintained in this behalf, his name, description and place of abode, and, if he cannot write, shall put his thumb mark in the register against his name, description and place of abode, the particulars being in such a case entered by the Registrar.
While section 12 provides that an informant has a right to get an extract of the prescribed particulars under his hand from the register relating to such birth or death, by the Registrar as sson as the registration is completed.
Q 7. What are the provisons governing delayed registration of births and deaths?
Section 13 provides that:
1. Any birth or death of which information is given to the Registrar after the expiry of the period specified therefor, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed
2. Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government
3. Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a Presidency Magistrate after varifying the correctness of the birth or death and on payment of the prescribed fee
4. The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.
Q8. What is the process of registration of name of child?
Section 14 provides that where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the Registrar either orally or in writing and thereupon the Registrar shall enter such name in the register and initial and date the entry.
Q 9. What is the correction or cancellation of entry in the register of births and deaths?
If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.
Q 10. What are the special provision for the registration of births and deaths of citizens outside India?
[Section 20] The Registrar-General is duty bound register information as to births and deaths of citizens of India outside India received by him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship Act, 1955, and every such registration shall also be deemed to have been duly made under this Act.
It further provides that, in the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
Q 11. What are the powers of Registrar to obtain information regarding birth or death?
The Registrar may either orally or in writing require any person to furnish any information within his knowledge in connection with a birth or death in the locality within which such person resides and that person shall be bound tocomply with such requisition.
Q 12. What are the penalties prescribed under the Act for non- compliance of its provisions?
1. Act provides u/s 23, that person who:
(a) fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9; or
(b) gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered; or
(c) refuses to write his name, description and place of abode or to put his thumb mark in the register as required by section 11, shall be punishable with fine which may extend to fifty rupees
2. Any Registrar or Sub-Registrar who neglects or refuses, without reasonable cause, to register any birth or death occurring in his jurisdiction or to submit any returns as required by sub-section (1) of section 19- shall be punishable with fine which may extend to fifty rupees
3. Any medical practitioner who neglects or refuses to issue a certificate under sub-section (3) of section 10 and any person who neglects or refuses to deliver such certificate shall be punishable with fine which may extend to fifty rupees
4. Any person who, without reasonable cause, contravenes any provision of this Act for the contravention of which no penalty is provided for in this section shall be punishable with fine which may extend to ten rupees
5. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence under this section shall be tried summarily by a magistrate.
Q 13. What are the provisions governing sanction for prosecution?
Section 25 provides that- no prosecution for an offence punishable under this Act shall be instituted except by an officer authorised by the Chief Registrar by general or special order in this behalf.
Q 14. Are actions taken in good faith, by entities appointed under this Act, immune from legal actions?
Yes. Section 28 provies that- no suit, prosecution or other legal proceeding shall lie against the Government, the Registrar-General, any Registrar, or any person exercising any power or performing any duty under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
It further provides that: no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
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