The Registrar cannot delay the issuance of a birth certificate without reasonable cause, and suspicion alone is not sufficient reason for such delay.

JUDGMENT :

V.G. ARUN, J.

1. The marriage between the petitioners was solemnised on 05/02/2012 and a female child was born to them on 26/06/2022. The birth took place in the second petitioner’s residence and the delivery was reported to the first respondent and an application for birth certificate submitted on 28/06/2022. The petitioners were not issued with the birth certificate. On enquiry, they were informed that suspicion had arisen regarding the birth of the child and enquiries were made at the Cheranalloor Panchayat Office, Health Centre and Police Station. As the suspicion could not be cleared even after such enquiry, the police directed a DNA test of the child and the parents. Aggrieved, this writ petition is filed seeking the following reliefs:

“(i) issue a writ of mandamus or any appropriate writ, order or direction commanding the 1st and 2nd respondents to issue birth certificate of the child of the petitioners applied for by the 1st petitioner within a time limit fixed by this Hon’ble Court.

(ii) Direct the respondents not to insist on the conduct of DNA test for proving the parentage of the petitioner’s child for the purpose of issuing birth Certificate.”

2. Heard learned Counsel for the petitioners and the learned Government Pleader. The first respondent has not entered appearance, despite service of notice.

3. Going by the Exhibits, the marriage of the petitioners is certified as per Ext.P1 marriage certificate dated 16/02/2012. Ext.P2 is the certificate dated 27/04/2022, issued by the Medical Officer/Medical Practitioner of Family Health Centre, Cheranalloor, for production before the 2nd respondent’s employer for availing maternity leave. Ext.P4 is issued from the St. Mary’s Orthodox Cathedral, Pazhanji, certifying the date of birth of the petitioners’ child as 26/06/2022. Ext.P5 is the Baptism Certificate dated 27/01/2023 issued from the St. George Orthodox Valiyapally, Ernakulam. In all these documents, the first petitioner is shown to be the father of the child.

4. The Registration of Births and Deaths Act, 1969 (‘the Act’ for short) was enacted with the objective of implementing a sound and unified system for registration of births and deaths in the country. As per section 7 of the Act, Registrars have been appointed for every local area within the jurisdiction of a Municipality, Panchayat or other local authority. The third respondent is one such Registrar appointed. Sub-Section (2) of Section 7 requires the Registrar to enter in the register maintained for the purpose, all information given to him under Section 8 or Section 9 of the Act. Once the process of registration is completed, Section 12 makes it mandatory for the Registrar to issue an extract of the prescribed particulars relating to the birth or death to the person who gives the information under Section 8 or Section 9 of the Act.

5. Of course, Section 21 confers the Registrar with the power to require any person to furnish any information within his knowledge in connection with the birth or death in the locality where that person is residing. This power to call for information does not authorise the Registrar to conduct a roving enquiry through police or to compel the child and the parents to undergo a DNA test. While furnishing of false information is an offence punishable under Section 23(1)(b) of the Act, as per Section 23(2), the Registrar can be punished for neglect or refusal to register any birth or death occurring within his jurisdiction, without reasonable cause. A conjoint reading of the above provisions would show that the Registrar cannot delay the issuance of the birth certificate without reasonable cause. Mere suspicion, as is discernible from Ext.P7 communication, is not the same as the reasonable cause mentioned in 23(2) of the Act.

6. For the aforementioned reasons, the writ petition is allowed and the third respondent is directed to process the application submitted by the first petitioner and take a decision thereon, strictly in accord