Registrar cannot delay issuing birth certificate on mere suspicion; cannot compel DNA test: Kerala High Court

The Kerala High Court recently held that Registrars of Births and Death cannot refuse to issue a birth certificate on mere suspicions and without reasonable cause to doubt the veracity of the information provided to them. .Single-judge Justice VG Arun added that registrars can be punished for the same."While furnishing of false information is an offence punishable under Section 23(1)(b) of the Act (Registration of Births and Deaths Act, 1969), as per Section 23(2), the Registrar can be punished for neglect or refusal to register any birth or death occurring within his jurisdiction, without reasonable cause. A conjoint reading of the above provisions would show that the Registrar cannot delay the issuance of the birth certificate without reasonable cause. Mere suspicion, as is discernible from communication, is not the same as the reasonable cause mentioned in 23(2) of the Act," the Court said in its judgment..The Court further observed that, as per the Registration of Births and Deaths Act, 1969, registrars are also not empowered to ask parents or their children to undergo DNA tests."Section 21 confers the Registrar with the power to require any person to furnish any information within his knowledge in connection with the birth or death in the locality where that person is residing. This power to call for information does not authorise the Registrar to conduct a roving enquiry through police or to compel the child and the parents to undergo a DNA test," the judgment stated..The judgment was rendered on a plea filed by a married couple seeking directions to authorities to issue a birth certificate for their child without insisting on a DNA test..The marriage between the petitioners was solemnized in 2012 and they had a child in 2022. Despite the submission of an application for a birth certificate, the petitioners were not issued one due to suspicions surrounding the child's birth. Enquiries were conducted by various authorities of the Panchayat Office, Health Centre and Police but the suspicions persisted, leading to the demand for a DNA test..The High Court examined various documents provided by the petitioners, including the marriage certificate, medical certificates related to maternity leave and certificates from religious institutions confirming the child's birth.The High Court said these documents consistently identified the first petitioner as the child's father. It also referenced relevant sections of the Registration of Births and Deaths Act, of 1969, which outline the responsibilities of Registrars and the process for issuing birth certificates.The High Court emphasized that the Registrar cannot delay issuing a birth certificate due to mere suspicions.It added that the Registrar cannot conduct a roving enquiry through the police or compel DNA testing without sufficient grounds. Therefore, the court directed the Registrar to process the birth certificate application submitted by the petitioners within two weeks, in accordance with the law. .The petitioner was represented by advocates PA Mujeeb, Reshma R, Nezrin T Ibrahim, Sreelakshmi P, Salwa T Muhammed, TA Athira and Muhammad Hashir M.The State authorities were represented by Government Pleader Bimal K Nath..[Read Judgment]