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Directs Chief Secretary to Curb Forged Birth Certificates in Cases
The has sounded an urgent alarm over a disturbing pattern in petitions involving missing minor girls: the production of forged birth certificates by respondents to falsely claim the girls are adults. A division bench of Justice Mahendra Kumar Goyal and Justice Chandra Shekhar Sharma, while hearing a petition filed by Bhuri, directed the Chief Secretary of Rajasthan to clamp down on the illegal issuance of such certificates and to initiate disciplinary proceedings against erring officials.
A Mother's Plea, A Daughter's Disappearance
The case began with a petition by Bhuri, mother of a missing girl, alleging that her minor daughter was illegally detained. The respondents countered by asserting that the girl was a major, submitting a birth certificate dated , purportedly issued by the , showing the girl's date of birth as . The court, however, grew suspicious of the document's authenticity and ordered an inquiry.
The Mask Slips: Certificate Found Forged
The subsequent status report from the SHO,
, confirmed the worst. The birth certificate was
"forged, fabricated and having been issued against the statutory provisions."
This revelation prompted the bench to observe a growing "menace" in
cases: certificates issued by "competent authority" reflecting missing girls as majors, only to be later discovered as violative of legal norms.
"Curb This Menace in Its Bud"
Expressing deep concern, the court directed the Chief Secretary to issue instructions to all authorities, ensuring that birth certificates are not issued
"
and in casual manner without due verification of the facts."
The order explicitly stated:
"It is a serious matter as it not only constitutes offence(s) under the provisions of
but, also amounts to
."
The bench further mandated that
"appropriate disciplinary proceeding is carried out against the erring official(s)."
Police Inaction Draws Contempt Warning
The court also took note of the petitioner's complaint, which alleged that despite repeated requests, the police station at Chiksana, Bharatpur, had refused to lodge an FIR regarding the forged certificate. Even a representation to the District Superintendent of Police on went unanswered. Consequently, the court directed the District Superintendent of Police to file an affidavit explaining why should not be initiated for non-registration of a . The DSP was also instructed to ensure a "" in the registered FIR No.0189 dated .
Quoting the Bench
In a key observation, the court said:
"Recently, this Court has come across such
petitions, with allegation of illegal detention of the minor girl(s), wherein, birth certificates are being produced, on behalf of the respondent(s), issued by the competent authority reflecting the missing girl to be major but, on inquiry, the same are found to have been issued in violation of the statutory provisions."
What Happens Next
The matter has been listed for further hearing on , with the government advocate granted three days to produce the missing girl. The compliance report from the Chief Secretary is due within two weeks. This ruling serves as a stern warning against the weaponisation of official documents to obstruct justice, and it underscores the judiciary's resolve to protect minors from illegal detention and fraudulent legal tactics.
