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2012 DIGILAW 906 (GAU)

Shanti Das v. State of Meghalaya

2012-07-31

HRISHIKESH ROY

body2012
ORDER Hrishikesh Roy, J. 1. Heard Mr. A.S. Siddique, learned counsel appearing for the petitioner. The State authorities are represented by Mr. N.D. Chullai, learned senior GA. A male child was born on 15.2.1998 to the petitioner in the Ganesh Das Hospital, Shillong, and since the birth was not registered immediately, the petitioner applied for delayed registration of birth, under Section 13 of the Registration of Births and Deaths Act, 1969, (hereinafter referred to as the Registration Act). Along with her application, the Baby Report furnished by the Hospital showing delivery of a male child by the petitioner at 3.40 pm on 15.2.1998 was also enclosed. But through the impugned order dated 13.6.2012 (Annexure-IV), the learned Judicial Magistrate at Shillong rejected the application for a Birth Certificate by declaring that the applicant has failed to prove the Birth Certificate mentioned as Exhibit 3, in her application. 2. Mr. A.S. Siddique, learned counsel submits that apart from the baby report issued by the Ganesh Das Hospital, the applicant also enclosed the Certificate of the General Secretary, Dorbar Shnong Madanrting showing that the applicant is a resident of Madanrting village. Accordingly, Mr. Siddique, submits that since the proof of residence of the applicant and the Birth Certificate given by the Hospital is furnished, the Magistrate erred in rejecting the application on the ground that required documents were not proved by the applicant. 3. Mr. N. D. Chullai, learned senior GA, on the other hand, submits that the impugned order is an order of the Judicial Magistrate and accordingly the applicant, if aggrieved, should have filed a Revision Petition to challenge the Magistrate's order. The Government Advocate, accordingly contends that the writ petition is not maintainable. 4. A reading of Section 13(3) of the Registration Act, shows that delayed registration of birth can be done only on the basis of a Magistrate's order who is required to verify the correctness of the birth, under sub-section (3) of Section 13 of the Act. Before proceeding further, it must be stated at the outset that, the Registration Act is in the nature of a beneficial legislation, which is enacted to ensure that accurate record of births and deaths are maintained by the Government. Before proceeding further, it must be stated at the outset that, the Registration Act is in the nature of a beneficial legislation, which is enacted to ensure that accurate record of births and deaths are maintained by the Government. Therefore, the procedure for issuing such certificates should be a simple procedure and the Magistrate while exercising powers under sub-section (3) of Section 13 in my view should verify the correctness of the birth or death information. When a claim is supported through supporting documents of the concerned authority like a hospital, unless the genuineness of the furnished document is doubted, the applicant should not be subjected to the rigour of a suit or trial and be called upon to prove all documents relied upon by the applicant. 5. As noted earlier, the applicant had produced the Baby Report given by the Ganesh Das Hospital, which shows that a male child was born to at the Hospital on 15.2.1998. A prima-facie perusal of the Baby Report shows that it was also verified by the Medical Record Officer of the Ganesh Das Hospital. Thus, the genuineness of the Hospital Certificate is also verified by the Medical Record Officer. In such circumstances, the Magistrate, in my view, should not have required the applicant to furnish further documentary proof in support of her application for registering the birth of her child born on 15.2.1998, unless of course, the Magistrate, suspect the genuineness of the Hospital Certificate, furnished by the applicant. 6. Considering the above, the matter is remitted back to the learned Judicial Magistrate, Shillong, with the direction to the learned Magistrate to take into account the Baby Report furnished by the Ganesh Das Hospital, Shillong. If there is no reason to doubt the genuineness of the hospital certificate, the verification exercise under sub-section (3) of Section 13 of the Registration Act, may be done on the basis of the said Hospital Certificate. 7. This order is issued as the process of registration of birth should be simplified and shouldn't in my view be made subject to elaborate court procedure as other wise, it will defeat the object of the beneficial legislation enacted for maintaining correct records of births and deaths in the country. The writ petition is disposed of with the above directions without any order of cost.