The verification required for delayed registration of birth under Section 13(3) of the Registration of Births and Deaths Act 1969 is the factum of the birth and not regarding the "date" on which the birth took place.

Headnote:
BIRTH CERTIFICATE - NON-AVAILABILITY CERTIFICATE - DELAYED REGISTRATION - [Section 13 of the Registration of Births and Deaths Act 1969 (hereinafter referred to as the Act) and Rule 9 of the Kerala Registration of Births and Deaths Rules, 1999 (hereinafter referred to as Rules)] - Petitioners sought issuance of a birth certificate or a certificate showing non-availability of the details regarding the birth. Court held that the petitioners cannot be directed to apply for correction of an entry in the register to suit their convenience. In the facts and circumstances of the case, the writ petition is disposed of directing respondents to issue a Non-availability Certificate to the petitioners since the birth claimed by them is not seen registered with the 2nd respondent.
Fact of the Case:

The petitioners, mother and son, filed a writ petition requesting for either a birth certificate or a certificate showing non-availability of the details regarding the birth. The Kollam Corporation, after searching the birth registers between 1970 and 1976, could not find any registration regarding the birth of the son to the petitioners. However, there was an entry regarding the birth of a boy child on the same date to a couple with a different name and address.
Finding of the Court:

The Court held that the entry referred to in Ext.P7 does not relate to the 1st petitioner. The petitioners had requested for the issuance of a Non-availability certificate stating that there are no entries regarding the registration of the birth of the 1st petitioner in the records of the respondents. The Court directed respondents to issue a Non-availability Certificate to the petitioners since the birth claimed by them is not seen registered with the 2nd respondent.
Issues: 1. Whether the petitioners are entitled to a birth certificate or a certificate showing non-availability of the details regarding the birth? 2. Whether the entry referred to in Ext.P7 relates to the 1st petitioner?
Ratio Decidendi: 1. Section 13(3) of the Registration of Births and Deaths Act 1969 (hereinafter referred to as the Act) and Rule 9 of the Kerala Registration of Births and Deaths Rules, 1999 (hereinafter referred to as Rules) provide for delayed registration of birth on the basis of an order of the Magistrate of the First Class or a Presidency Magistrate after verifying the correctness of the birth. 2. The verification required is the factum of the birth and not regarding the "date" on which the birth took place. 3. The function is purely executive in character and is not an adjudication of the correctness of the date of birth stated in the request for registration. 4. The petitioners cannot be directed to apply for correction of an entry in the register to suit their convenience.
Final Decision: The writ petition is disposed of directing respondents to issue a Non-availability Certificate to the petitioners since the birth claimed by them is not seen registered with the 2nd respondent.

JUDGMENT

The writ petition has been filed by the mother and son requesting for either a birth certificate or a certificate showing non availability of the details regarding the birth. Ext.P7 would show that the Kollam Corporation had addressed the Perayam Grama Panchayat stating that on searching the birth registers between 1970 and 1976, they could not find any registration regarding the birth of a boy child to Smt.Mary Dasy and Sri.James residing at Bisnu Nivas, Karikkuzhi, Padappakkara, on 05.01.1973 in Kollam Bensigar Hospital. It is however stated that a couple named James and Daisy James residing in Bunglavill at Kanjirakkod had a boy child on 05.01.1973 and the same was in Kollam Bensiger Hospital and that the said fact has been registered. By Ext.P8, the Perayam Grama Panchayat addressed the 2nd petitioner stating about the information received from the Kollam Corporation and directing her to file an application with the request for correcting the name of the mother from Daisy to Mary Dasy.

2. Ext.P7 letter issued by the Sub Registrar of Births and Deaths, Kollam Municipal Corporation to the Registrar of Births and Deaths/Secretary of the Perayam Grama Panchayat says that there is no entry in the register of the Municipality regarding the birth of a boy child to Sri James and Smt.Mary Dasy residing at Bisnu Nivas, Karikkuzhi, Padappakkara on 5.1.1973. The letter further says that there is an entry regarding the birth of a boy child on 5.2.1973 to one James and Daisy James residing at Bunglavil House, Kanjirakkod. The above letter cannot be the basis for arriving at any conclusion that the entry above said relates to the birth of the 1st petitioner. The name of the mother is different and the address of the parents is also different.

3. Section 13 of the Registration of Births and Deaths Act

1969 (hereinafter referred to as the Act) and Rule 9 of the Kerala Registration of Births and Deaths Rules, 1999 (hereinafter referred to as Rules), which are the relevant statutory provisions read as follows:

“S.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 30 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 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 the 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 provision of this Section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefore and any such birth or death may be registered during the pendency of any such action.”

“Rule 9. Authority for delayed registration and fee payable therefor:-

(1) Any birth, or death of which information is given to the Registrar after the expiry of the period specified in Rule 5, but within thirty days of its occurrence, shall be registered on payment of a fee of rupees two.

(2) Any birth or death of which 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 officer prescribed in this behalf and on payment of late fee of rupees five.

(3) Any birth or death which has not been registered within one year of its occurrence shall be registered only on an order of Magistrate of the first class or a Presidency Magist

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