LI Network
Published on: February 14, 2024 at 13:00 IST
The Kerala High Court has affirmed that the authority granted to a Registrar under Section 21 of the Registration of Births and Deaths Act, 1969, to seek information about births or deaths, does not include the power to order DNA tests for a newborn and its parents.
Justice VG Arun criticized the Registrar of Cheranalloor Grama Panchayat for denying a birth certificate to the petitioners’ female child and insisting on DNA tests to prove paternity. The single-judge bench emphasized,
“Of course, 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 authorize the Registrar to conduct a roving inquiry through police or to compel the child and the parents to undergo a DNA test.”
The petitioners sought a birth certificate for their child, but the respondent insisted on a DNA test due to suspicions.
The Court referred to Section 12 of the Act, which mandates the Registrar to issue certificates based on the provided information, and Section 23(2), which allows the registrar to be penalized for neglect or refusal to register any birth or death within their jurisdiction without reasonable cause.
The Court stated that the Act’s purpose is to establish a robust and unified system for registering births and deaths in the country. Consequently, the Registrar cannot unreasonably delay issuing a birth certificate based on mere suspicion.
Case Title: Romeo Victor & anr. v. Cheranaloor Grama Panchayath & ors.
