What's Brewing

‘The Registration of Births and Deaths Act, 1969’ [Act] was first enacted by parliament in May 1969. In August 2023, an amendment to this Act was enacted by parliament, called ‘The Registration of Births and Deaths (Amendment) Act, 2023’ [Amendment].

Salient features of the original Act of 1969

1. While the Act is applicable to the whole of India, the dates on which it becomes enforceable is different for different states and union territories, varying from 1970 to 1974. Also, certain municipal areas and districts in the states of Assam and west Bengal are kept out of the purview of the Act.
2. Registration of all births and deaths is the responsibility of the following officials:
   a) Registrar General – appointed by central government for coordinating, compiling and unifying all births and deaths in the country.
   b) Chief Registrar – appointed by individual state governments for functioning as the chief executive for implementing the provisions of the Act for the entire state or union territory. 
   c) District Registrar – appointed by state government for executing the Act at district level. 
   d) Registrar – appointed by state government for executing the Act within the specified panchayat or municipal limit or town or city.
3. When a birth or death occurs, it shall be the duty of the following persons to inform the Registrar of the event within the prescribed period and in the prescribed format:
   a) Oldest male in the household, when the event occurs inside a residential or non-residential house.
   b) Chief medical officer of the hospital or nursing home, if the event occurs in a medical institution.
   c) Jailor in charge of the prison, if the event occurs inside a prison.
   d) The person in charge of the choultry, hostel, lodging, barrack or public resort where the event occurs.
   e) Any other person designated by the state government or concerned authority of the area.    
4. If delayed beyond the prescribed period but within 30 days of the event, its intimation shall be registered only after payment of the late fee as prescribed.  If the delay is beyond 30 days but within 1 year, the event can be registered only with the written permission of the authority concerned on the basis of a notarized affidavit. Where the delay is beyond 1 year, the registration can be done only by the order of a first-class magistrate.           
5. If the birth has been registered without a name for the child, the parent or guardian shall intimate the name to the Registrar, either orally or in writing, within a prescribed period.
6. Birth or death of Indian citizen occurring outside India is to be registered with the Indian Consulate as per provisions of Citizenship Act of 1955. In cases where this is not done, the parents can register the birth of their child with local Registrar within 60 days of their arrival in India.  

Salient features of the Amendment of 2023

1. Not just the oldest male, even the oldest female of the household can report a birth or death to the Registrar. 
2. Information to be provided to Registrar shall now include Aadhar Card details of the parents and informant. 
3. Adoption, as defined under the Juvenile Justice (Care and Protection of Children) Act of 2015, is also included in purview of this amended Act and hence needs to be registered with the Registrar.   
4. Surrogacy, as defined in the Surrogacy (Regulation) Act of 2021, is also included in the purview of this Act. 
5. Specialized Adoption Agencies (SAAs), authorized by the central/state governments, shall be responsible for registering the ‘adoption’ with Registrar. If adoption is non-institutional, the adoptive parents shall be responsible for registering the adoption.   
6. In the case of a ‘surrogate’ child’s birth, the chief executive officer of the authorized surrogacy clinic shall be responsible for registering the birth with the Registrar. 
7. Order of a District Magistrate or of an Executive Magistrate authorized by him is mandatory for registering birth or death whose intimation is delayed beyond 1 year, after completion of the verification process.
8. Any person aggrieved by the order of a Registrar can appeal to the District Registrar within 30 days, in the prescribed manner. Grievance against order of a District Registrar can be appealed to Chief Registrar. 
9. A comprehensive, electronically accessible database of births and deaths should be maintained at all levels: national, state, district and local area. This database shall be shared with other government departments who maintain their own databases for civil supply services, transportation, citizenship, etc.     
10. This Amendment shall come into effect from 1st October 2023. 

New Birth Certificate Rules in 2025
The Government of India has recently issued a set of rules and guidelines pertaining to the essentiality and use of birth certificates. Salient among these rules are as given below:

• Birth certificate is now the sole and mandatory document for those born on or after 1st October 2023 for: (i) applying for identification documents like: Aadhar card, passport, driving license, etc. (ii) availing of government welfare schemes (iii) applying for government jobs and educational institutions. 
• The above rule, however, does not apply to those born before 1st October 2023, for whom the old version of birth certificate and other documents like PAN card, driving license, voter id card, etc. are valid as proof of date of birth.   
• 27th April 2026 is the revised deadline for applying for a birth certificate or for correcting/modifying your existing birth certificate. Beyond this date, no corrections/modifications shall be possible.  
• Earlier, a person could apply for a birth certificate within 15 years of birth. Now, this restriction is removed.    

The objective of these new rules on birth certificate is to (a) streamline and simplify the registration process (b) create a reliable and comprehensive database of citizens (c) prevent fraud in availing government schemes.