Gujarat HC flags repeated denial of birth-death record corrections, orders compliance push

The Gujarat High Court has directed the state government to ensure that its rulings on correction of birth and death records are communicated to all authorities, after noting repeated non-compliance by registration officials.

Authorities faulted for ignoring legal powers

The court expressed displeasure over what it described as a consistent refusal by authorities to carry out legitimate corrections in birth and death entries, despite having adequate powers under the law. It observed that such denials are forcing citizens to approach courts for relief.

Hearing the matter, the High Court noted that even after multiple rulings clarifying the scope of registrars’ powers, officials continue to issue “routine and mechanical orders” rejecting applications for corrections.

Justice Hemant M Prachchhak criticised the approach, pointing out that earlier judgments quashing similar refusals have not led to any change in practice. The court said this pattern results in unnecessary hardship for citizens.

Direction to circulate rulings

To address the issue, the court has directed the state government to circulate its rulings on the powers of registrars in correcting birth and death records to all concerned authorities, with a view to ensuring strict implementation.

Referring to earlier decisions, including Nitaben Nareshbhai Patel vs State of Gujarat & Others, the court reiterated the duties and responsibilities of registration officials.

Legal provisions highlighted

The court underscored that Section 15 of the Registration of Births and Deaths Act empowers registrars to correct or cancel entries if they are found to be erroneous, fraudulent, or improperly made, subject to prescribed rules.

It also cited Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004, noting that registrars have clear authority to make corrections in entries and birth certificates.

Case context

The observations came in a case where a petitioner sought correction of a birth certificate after legally adopting his wife’s daughter from her previous marriage. The request involved replacing the biological father’s name with that of the adoptive father.