In recent news, the Supreme Court has relayed a notice to the Union government. This pertains to a petition that calls for the effective implementation and full realization of the Registration of Births and Deaths (RBD) Act, 1969. The petition underscores birth registration as a fundamental right acknowledged in several international conventions and the Universal Declaration of Human Rights. It plays a crucial role in establishing individual legal identities.
Provisions under the Registration of Births and Deaths Act, 1969
The RBD Act, 1969 stipulates significant provisions for the registration of births in India, including the appointment of registrars and assigning institutional responsibilities.
Registrar Appointments
Under Section 7 of the RBD Act, 1969, registrars are designated for local areas to supervise the registration of births within their jurisdictional area. These appointed registrars could be affiliated with various organizations such as municipalities, Panchayats, government health institutions, or other local authorities.
Institutional Responsibilities
Institutions like hospitals, health centers, maternity or nursing homes are tasked with reporting births happening within their premises to the registrar, as dictated by the RBD Act, 1969.
Citizen’s Obligations
In terms of births, citizens have the responsibility to inform the registrar within 21 days of the event taking place in their jurisdiction.
Amendments to the Act: Digital Birth Certificates
The Registration of Births and Deaths (Amendment) Act, 2023 introduced digital birth certificates. This single document can be used for a variety of purposes, including admission to educational institutions, applications for driving licenses, government jobs, passports, Aadhar, voter enrollment, and marriage registration. It also mandates 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).
The Supreme Court’s Previous Stance on Birth Registration
The Supreme Court has intervened previously in matters related to birth registration, highlighting its importance and the alarming impact of sex-selective abortions on sex ratios. Despite court orders for a centralized database for civil registration records, the authorities have allegedly not complied, leading to insufficient data availability and hindering transparency and research.
Cases Highlighting Importance of Birth Registration
Significant judgment in cases like the Committee for Legal Aid to Poor v. Union of India case in 2011 and the Voluntary Health Association of Punjab v. Union of India case in 2016 solidified the importance of birth registration. However, the lack of adherence to directives mandating a centralized database for civil registration records implies that there is still work to be done to ensure effective implementation of the RBD Act.