THE PROVISIONS RELATING TO BIRTH CERTIFICATE Shajeeda Tajdeen BASICS OF LAW Thu, Jan 16, 2020, at ,11:17 AM An individual who is born in India is mandatorily required to get his/her birth registered with a competent authority within 21 days of the birth. In other words, it states that the birth registration of an individual should not be delayed beyond 21 days. However, in a country like ours where people bound to miss deadlines on every occasion it becomes difficult to match up with this time limit and hence, many times parents knowingly or unknowingly tend to ignore this mandate. And this ignorance makes it difficult for one to avail the birth certificate later in life due to one of the following reasons: The competent authority levies penalty worth hundreds of rupees, people from below poverty line find it difficult to pay the amount. The parents may or may not have the proof of their child’s birth, this happens in situations wherein the child is born at home and not in hospitals or recognized institutions meant for delivering children. The hospital or the head of the para-medical staff may take weeks to recover the birth proofs etc. Subsequently, when one wishes to avail his/her birth certificate after the mandatory time period has elapsed, the following procedure is to be followed: In the case of unregistered birth, how can one get the birth certificate? Visit Municipal Corporation/Gram Panchayat Being unregistered, your birth registration requires a legal procedure to be carried out hierarchically. It begins with your visit to the competent authority, i.e. Municipal Corporation (MC) or Gram Panchayat or Para Medical office in the locality where the applicant was born. Supporting Documents Make sure that you have the ‘secondary evidence’, which should be other than the primary proofs of your birth. That can be any of the following: The record of the hospital wherein the name of the parents and the child is mentioned and the same is attested by a doctor. The records from the school, i.e. School Leaving Certificate, Mark Sheet, Matriculation Certificate, Degree Certificate or 10th/12th Class Certificate, as the case may be. A letter from the head of the school in order to second the records provided from the school, the letter shall state the name, date of birth and place of the individual along with the parent’s name. State of Union Census records, like ration card. A recorded document from the church that carries its seal at the time of Baptism and the same shall include the name of the child, his/her parent/s name, place and date of birth. In case of adoption, the decree made at the time of adoption. Voter ID Card PAN Card Passport (Expired or Current) Aadhar Card Driver Licence Anyone the above-mentioned document shall be accompanied with an affidavit for non-availability of birth certificate from either of the parent or from any other close relative as necessary. The affidavits are required to be made separately in the prescribed manner. As far as the affidavit is concerned, the content should include all these details in its composition: Full Name of the Affiant Address of the Affiant Date & Place of Birth of the Beneficiary Relationship with the Beneficiary A Complete Detail in The Context of Beneficiary’s Birth & Relationship. NOTE: Statement on Letterhead It is necessary that a request for on paper statement be made as per the prescribed format. This statement is to be made on a letterhead of the ‘Registrar’ of the Magistrate Court or ‘Sarpanch’ of a gram panchayat or ‘Head of Department’ of the para-medical staff. The content of the letterhead should clearly specify that an individual's birth record is nowhere to be found in their respective record books. With all the above-mentioned documents one can apply for his/her birth certificate even after 30 years in India. It should be noted that a number of times most of the authorities do not avail of these documents unless they are insisted. So it is important to be persuasive to get the non-availability of the birth certificate. Or else one will have to pay a penalty amount for the delay in the birth registration. Upon following these steps, an individual will have to file Form-10 for the Non-Availability of Birth Certificate. The same needs to be notarized once it’s been duly filled. It’s a paid government service. Can an individual get a passport in India without a birth certificate? Yes, an individual can apply for a passport in India without having a birth certificate. This declaration of the government was announced by a reputed newspaper, by this declaration the government had abolished the pervasive Passport Rules 1980, which compelled the submission of birth certificate for applicants who were born after 26th January 1989. In today’s time any of these documents would be enough to recognize your birth: Transfer/School leaving/Matriculation certificate from the school last attended or any recognized educational board (ICSE, CBSC, and the State boards) Aadhaar card or E-Aadhaar Card Voter ID Card Driving Licence PAN Card LIC Policy Bonds Pension Records This revised rule has benefitted the divorcees, single parents, orphaned children, adopted children and ascetics to overcome all hurdles that mandated the certificate of birth for the facilitation of any service(s).