Pre-1970 born individuals can utilize S. 13(3) of the Registration of Births and Deaths Act, 1969 for delayed birth registration.

K.K. Usha, J.

Petitioner who was born on 2.8.1960 made an application to the 1st respondent for permission to register his birth. The application was rejected under Ext. P1 order dated 28.11.1991 quoting a decision of this Court, Usman v. Hindustan Machine Tools Ltd. (1987 (2) KLT 1028). The petitioner challenges the the above order in this Original Petition. When the matter came up for hearing before one among us the correctness of the Bench decision referred above was doubted and the petition was referred for consideration of a Division Bench. By order dated 12.2.1997 the Division Bench referred the matter for being considered by a Full Bench. Thus the petition is coming up for hearing before the Full Bench.

2. As mentioned earlier, the petitioner was born on 2.8.1960. It is alleged in the Original Petition that for 18 years he was under treatment in Medical College, Thiruvananthapuram and during this period he could move only his head. His disability is certified as 60%. Since the petitioner was desirous of writing S.S.L.C. Examination and since he was overaged, he required a birth certificate. It was for the above purpose he made an application, which was rejected under Ext. P1. The Registration of Births and Deaths Act, 1969 (Act 18 of 1969), a Central enactment, came into force in Kerala with effect from 1.4.1970. Before coming into force of the above enactment, Travancore-Cochin Registration of Births and Deaths Act, 1953 was governing that part of the State which was under the former Travancore, Cochin State. As far as the former Malabar area is concerned, it was the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) that was applicable. A reference to the object and reasons of the Bill relating to Act 18 of 1969 would show that the enactment was brought for unifying similar legislations in Assam, Madras, Kerala and West Bengal and the provisions for registration of births and deaths contained in the Municipal Act, Panchayat Act, Chowkidar Manual or Land Revenue Manual by way of executive orders or bye-laws in other States. The Government thought that in order to develop a sound and unified system of registration in the Country, Central Legislation is necessary on the subject. The data that could be collected by accurate countrywide registration would be useful for national planning, organising public health and medical activities and developing family planning programmes, etc.

3. S.8 of the Central Act refers to those who are required to pass on the information of births and deaths to the Registrar concerned for registering the same. Ss. 9 and 10 also deal with the responsibility of certain category of persons for notifying births and deaths to the Registrar. R. 5(2) of the Registration of Births and Deaths Rules, 1970 provides that information required under S. 8 regarding birth has to be given within twenty-one days from the date of birth. S.13 contains provision in the matter relating to delayed registration of births and deaths. It reads as follows:-

“13. Delayed registration of births and deaths-

(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 verifying the correctness of the birth or death and on payment of the prescribed fee.

(4) The provis