Research › Search › Judgment

Bombay High Court · body

2019 DIGILAW 2696 (BOM)

Court On Its Own Motion v. State Of Maharashtra, Through Its Secretary, Department Of Social Welfare, Mantralaya, Mumbai

2019-12-10

ROHIT B.DEO, SUNIL B.SHUKRE

body2019
JUDGMENT Sunil B. Shukre, J. - Heard. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2. The main purpose of the Public Interest Litigation is to ensure that the Authorities act completely according to the mandate of the provisions made in the Registration of Births and Deaths Act, 1969, in particular, those contained in Sections 8, 10 and 13 of the Act of 1969. 3. While disposing of Writ Petition No.4842/2016 by the order passed on 8th October, 2018, this Court had noticed that the birth certificate on much reliance was placed therein by the petitioner in order to show that the order of Scrutiny Committee was illegal, was issued more than six months after the impugned order was passed by the Scrutiny Committee. It was also noticed by the Court that the birth certificate was issued by the Municipal Council without following the procedure prescribed in the Act, 1969. Therefore, this Court directed the Registry to register the present PIL. 4. We have heard Mr. Deshpande, learned Amicus Curiae, Mr Dhumale, AGP for respondent No.1 and Mr. Kariya, learned counsel for respondent No.2. 5. With their assistance, we have gone through the relevant provisions of Act of 1969. Section 13 which we find relevant for the purposes of this petition, is reproduced as below. Delayed registration of births and deaths.- "(1) Any birth or death of which information is given to the Registrar after the expiry of the period specified therefore, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this Section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action." 6. It would be clear from the above provision of law that there is a specified procedure to be followed for delayed registration of births and deaths. A hierarchy of officers has been created and powers upon these officers have been conferred for registering the births and deaths belatedly. Sub Section 3 of Section 13 deals with a situation when a birth or death is not registered within one year of its occurrence and provides for its registration only upon an order made by Magistrate of the first class after verifying the correctness of the birth or death on payment of the prescribed fee. These provisions of law are mandatory in nature and therefore, we deem it appropriate to issue general directions to the Scrutiny Committees and also to the competent officers in the matter. 7. Accordingly, we direct that while registering belatedly the births and deaths, falling within the ambit of Section 13 of the Act, 1969 procedure prescribed therein would be scrupulously followed and it is only after the procedure is followed that the registration of the births and deaths would be made by the authorities prescribed in Section 13. 8. We further direct that whenever any authority is required to examine and or rely upon a birth or death certificate issued belatedly, the authority including the Caste Scrutiny Committee, would consider only those certificates which have been issued by the authorities prescribed in Section 13 by following the procedure laid down therein. 9. We further direct the Registry to send an authenticated copy of the order to all the Scrutiny Committees in the State of Maharashtra. 10. Rule accordingly. There shall be no order as to costs.