Kurian Joseph, J.

Law is for man and not man for law. The simple difference between man and machine is that machine follows the letter of law but man applies the spirit of law. Once this principle is properly understood, it is not difficult to understand, interpret or apply any law in a given situation, While analyzing the facts of this case and the legal issues involved in the same we find the above mentioned principle would serve as a guiding spirit in deciding the case.

2. The Registration of Births and Deaths Act, 1969 came into force in Kerala with effect from 1-4-1970. The Act is intended to provide for the regulation of registration of births and deaths and for matters connected therewith. Section 14 provides for the registration of the name of a child on birth and Section 15 provides for correction or cancellation of entry in the register of births and deaths. The Kerala Registration of Births and Deaths Rules, 1999 came into force on 1-1-2000. The said Rules have been framed in exercise of the powers under Section 30 of the Act. Section 30(1) empowers the State Government to frame Rules providing for “the correction of errors and the cancellation of entries in the register of births and deaths”. Rule 10 provides for the procedure of registration of births and Rule 11 provides for the correction or cancellation of entry in the register of births and deaths.

3. For the purpose of easy reference the provisions are extracted below:

“S.14. Registration of name of child.- 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.

S.15. 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.

R.10. Period for the purpose of section 14.—(1) Where the birth of any child had been registered without a name, the parent or guardian of such child shall, within 12 months from the date of registration of the birth of child, give information regarding the name of the child to the Registrar in writing;

Provided that if the information is given after the aforesaid period of 12 months which shall be reckoned, subject to the provisions of sub-section (4) of section 23, the Register shall enter the name in the relevant column of the concerned form in the birth register on payment of a late fee of rupees five.

(2) The parent or the guardian, as the case may be, shall also present to the Registrar the copy of the extract given to him under section 12 or a certified extract issued to him under section 17 and on such presentation the Registrar shall make the necessary endorsement relating to the name of the child.

R.11. Correction or cancellation of entry in the register of births and deaths.- (1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or canceling the entry) as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer speci