Authority must recognize foreign death certificates as valid under domestic law when duly issued.

ORDER

This Writ Petition has been filed seeking a direction to the respondent more particularly, the 2nd respondent/ Zonal Officer Zone No. 6 Corporation of Chennai, Zonal Office Ayanavaram, Chennai 23. to register the petitioner’s husband’s death and issue Death Certificate or upload the same in the Corporation portals.

2. The learned counsel for the petitioner would submit that the petitioner's husband, viz., Mr.Christy Joseph Anto Sebastian, passed away on 02.09.2015 in the United Republic of Tanzania. Further, he would submit that though the petitioner produced the Death Certificate issued by the United Republic of Tanzania and also the certificate for clearance of dead body issued by the Airport Health Organisation, Government of India on 09.09.2015 stating that the petitioner’s husband died on 02.09.2015, along with other documents before the 2^nd respondent, the said authority had refused to register the death of the petitioner’s husband and issue death certificate. Hence, this petition.

3.The learned Standing counsel appearing for the respondents 1 and 2 would submit that the Death Certificate issued by the United Republic of Tanzania, recording the death of the petitioner’s husband, would serve all the basic purposes.

4. This Court, vide order dated 15.02.2022, had suo motu impleaded the Secretary, Ministry of Home Affairs, Government of India as the 3^rd respondent in this Writ Petition.

5. The learned Assistant Solicitor General appearing for the 3^rd respondent by reiterating the averments made in the counter affidavit, submitted that Death Certificate issued by the United Republic of Tanzania is the valid legal document and the same can be used for all purposes in India and also as per the provisions of Section 4 of Registration of Births and Deaths Act, 1969 (in short ‘the Act’), the Chief Registrar of Births and Deaths cum Director of Public Health and Preventive Medicine, Tamil Nadu is the main authority in the State for implementing the provisions of the Act and Rules and order made thereunder. Therefore, the Government of Tamil Nadu is fully competent to address the matter raised by the petitioner, as the Chief Registrar is responsible for organizational and operational aspects of the Act for effective functioning of the registration system in the State and accordingly, the State Government may take action as deemed appropriate in this matter.

6. Heard both sides. Perused the records.

7.A perusal of records would go to show that the United Republic of Tanzania has issued the Death Certificate recording the death of the petitioner’s husband and the certificate for clearance of dead body was also issued by the Airport Health Organisation, Government of India on 09.09.2015 stating that the petitioner’s husband died on 02.09.2015. Despite production of the said documents, the 2^nd respondent has refused to issue Death Certificate. Apart from that, Section 20(1) of the Act clearly deals with the registration of births and deaths of citizens outside India and as per the aforesaid provision, the authority is bound to record the death of the petitioner’s husband and issue Death Certificate.

7. In such view of the matter, this Court directs the 2^nd respondent to accept the Death Certificate issued by the United Republic of Tanzania dated 04.09.2015 and record the death of the petitioner’s husband, in the light of Section 20(1) of the Act and issue Death Certificate to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

8. Accordingly, this Writ Petition is disposed of. No costs.