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Jharkhand High Court · body

2014 DIGILAW 827 (JHR)

Court On Its Own Motion v. State of Jharkhand

2014-08-05

AMITAV K.GUPTA, R.BANUMATHI

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JUDGMENT R. Banumathi, C.J Taking suo motu cognizance of the news item relating to low rate of registration of births at 58% in the State of Jharkhand compared to National Level of 82%, this Court has taken this as Public Interest Litigation. 2. The said news item reported in the newspaper, “Times of India” dated 10th January, 2014 expressed concern over the difficulties in registering the child births and also suggested measures in developing the road map for achieving 100% registration and certification by the end of 2016. 3. In response to the notice, the respondent State has filed counter affidavit stating that from the year 2002 onwards, the level of registration of births in the State is increasing and in the year 2012, it was found to be 58.05%. It is stated that in furtherance of the recent communication dated 17.6.2014 of the office of the Registrar General of India, steps for the appointment of the Chief Registrar (Births and Deaths) in the State on par with the other States are under process. It is further stated that in compliance of Section 7(1) of the Registration of Births and Deaths Act, 1969, the officials, such as (i) Panchayat Sevak, (ii) Health Officer-in-charge of Municipal Corporation/Notified Area Committee (now Nagar Panchayat), (iii) Executive Officer/Special Officer of Local Bodies, (iv) Deputy Superintendents of Medical Colleges & Hospitals, (v) Deputy Superintendents of Sadar Hospitals/Sub-Divisional Hospitals/Medical Officers in Charge of Referral Hospitals, (vi) Medical Officers-in-charge of Primary Health Centres, (vii) Medical Officers-in-charge of Addl. Primary Health Centres (APHCs), (viii) Medical Officers-in-charge of Community Health Centres/Health Sub-Centres (CHCs & HSCs), (ix) Executive Officer of Cantonment Board, Ramgarh, (x) Senior Health Officer of Bokaro Steel Ltd., Bokaro, (xi) Medical Officer-in-charge of Border Security Force Centre Hospital, Meru, Hazaribagh, (xii) Estate Officer of Heavy Engineering Corporation (HEC) Hatia, Ranchi (Jagannathpur Area), (xiii) Registrar, Namkom Military Hospital, Namkom, Ranchi, have been notified by the Government of Jharkhand as Registrar (Births and Deaths) of local Registration Centres in the State. 4. It is also stated that after creation of the State of Jharkhand, the number of local Registration Centres/Units at present is 8857; the Panchayat Sevaks are looking after Birth Registration in 4423 Gram Panchayats and Medical Officers-in-charge are looking after Birth Registration in 4387 PHCs/CHCs/Addl. PHCs/HSCs/District/Other Hospitals and Official looking after 41 Urban Local Bodies and 6 in others. 4. It is also stated that after creation of the State of Jharkhand, the number of local Registration Centres/Units at present is 8857; the Panchayat Sevaks are looking after Birth Registration in 4423 Gram Panchayats and Medical Officers-in-charge are looking after Birth Registration in 4387 PHCs/CHCs/Addl. PHCs/HSCs/District/Other Hospitals and Official looking after 41 Urban Local Bodies and 6 in others. It is stated that the officials namely (i) All Dais, (ii) All Chowkidars, (iii) All Aanganwadi Sevikas, (iv) All Sahiyas, (v) All Headmasters of all Government Schools are notified as “Notifier” in compliance of the provisions as laid down in Section 10 of the RBD Act, 1969. 5. In order to increase the rate of registration of births and to create awareness among the people in the State of Jharkhand, the respondent-State, in para 14 of the counter affidavit, has suggested the following Action Plan to be taken in the State in near future. We may usefully refer to the said proposals, which is as under:- “14. That it is humbly stated and submitted that the action points to be taken up in the State in the near future are as follows:- (i) The State is organizing three tier CRS training programme for the capacity building of registration functionaries. As the events of Births are taking place mostly in Medical Institutions, the specialized training programme will be organized for officers-in-charge of Medical Institutions at State level and District level. (ii) For every financial year the amount will be provided in the State budget for regular and periodical trainings and workshops, for up-keeping and preservation of records, printing of registration forms and certificates as well as publicity of registration works. (iii) Regular review of CRS works after every three months at district level meeting of IDCC by Deputy Commissioner-cum-District Registrar (Births and Deaths) would be arranged. (iv) To improve the awareness, the importance and utility of Birth and Death registration, the State will initiate publicity campaign to highlight it’s benefits & importance among the general public and to improve the Birth and Death Registration work by broadcasting it on radio, wall writing of slogans on Govt. buildings, publication in leading newspaper and publicity through banners and pamphlets. (v) The Headmaster of all Govt. schools will be directed to ask for birth Certificates from guardians at the time of admission of their wards in schools. buildings, publication in leading newspaper and publicity through banners and pamphlets. (v) The Headmaster of all Govt. schools will be directed to ask for birth Certificates from guardians at the time of admission of their wards in schools. If guardians are unable to submit the Birth Certificate at that time, the headmasters, who are also notifiers will fill up the Birth Registration Forms of those students and submit them to the Registrars and get their names registered. District Registrars would be requested to remit the fees of delayed registration in such a special case. Headmasters would also be directed to make all the students aware of the importance of Birth and Death Registration in annual school functions. (vi) The State will try to include the study materials relating to the Birth and Death Registrations in the study books provided by the State Govt. in the Schools. (vii) In the State, close supervision work of CRS at State level/district level/block level are conducted periodically. (viii) The State Govt. will make a sincere effort to link the Birth and Death Certificates to other Welfare/community services, where the date and place of birth as well as the date and place of death are required. 6. This writ petition is disposed of with the following directions and observations:- (A) The State Government is directed to implement the above Action Points in its letter and spirit in the near future. (B) In order to increase the level of registration of births in the State of Jharkhand, the State Government is to provide necessary training to all concerned officials of the State related to Civil Registration System and by creating awareness amongst the people in the State about the benefits of the Birth Certificate. (C) We direct the respondent-State to send circular to all the Government Hospitals and Schools, Offices of the Deputy Commissioners, Sub-Divisional Offices, Circle Offices, Block Development Offices, Panchayat Offices and other places for creating awareness amongst the people about the benefits of registration of birth and the birth certificate and to sensitize them about the object for registration of birth. In their endeavour to create awareness amongst the people in the State, to the possible extent the State shall involve the UNICEF, whose report formed the basis of the news item.