Court Orders Registrar to Amend Entries in Birth Certificate, Emphasizes Statutory Authority
In a significant ruling, the Gujarat High Court has directed the Registrar of Births and Deaths to correct errors in a minor's birth certificate, reinforcing the statutory authority granted under the Births and Deaths Registrations Act, 1969. The judgment, delivered by Justice Hemant M. Prachchhak, underscores the Registrar's obligation to exercise the power judiciously and in accordance with the law.
The case, titled "Pareshbhai Jentibhai Makavana v. State of Gujarat," involved a petition filed under Article 226 of the Constitution of India. The petitioner sought correction of the father's name in his daughter's birth certificate from "Pareshkumar Vallabhbhai Tilva" to "Pareshbhai Jentibhai Makavana," following the adoption of the minor after the mother's remarriage.
The court criticized the respondent authority for refusing to amend the birth certificate, despite clear statutory provisions empowering such corrections. The judgment referenced Section 15 of the Births and Deaths Registrations Act, 1969, and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004, which grant the Registrar the authority to correct erroneous entries.
Justice Prachchhak noted that the refusal by the Competent Authority to exercise statutory jurisdiction constituted a miscarriage of justice, warranting intervention through a writ of mandamus. The court highlighted the precedent set in "Nitaben Nareshbhai Patel v. State of Gujarat," where similar refusals were deemed unjustified.
The judgment mandates that the application for correction be decided within four weeks, emphasizing the importance of adhering to statutory duties to prevent undue litigation. The ruling is expected to ensure smoother administrative processes in the correction of official records, aligning them with legal and factual realities.
Bottom Line:
Births and Deaths Registrations Act, 1969 - Registrar empowered to correct erroneous entries in the Register of Births and Deaths, including entries in birth certificates, as per Section 15 of the Act and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004.
Statutory provision(s): Births and Deaths Registrations Act, 1969 Section 15, Gujarat Registration of Births and Deaths Rules, 2004 Rule 11, Constitution of India Article 226
Pareshbhai Jentibhai Makavana v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2868221
