Birth Certificate Can’t be Denied When Identity, Paternity Established: Karnataka High Court

The Karnataka High Court has said when identity and paternity of a person is not in dispute, they cannot be denied insertion of their name in the birth certificate, merely on the ground of delay under the rules. The authorities also cited the instruction issued by the Ministry of Home Affairs by which the 15-year period had been provided for entering the name of the person born in the birth certificate, if not already entered into and the said period having expired in the year 2015 was extended for a period of five years thereafter, which also expired in the year 2020. The respondent not having taken the same into consideration, the endorsement issued is bad in law on this ground also.” The court also said if at all it is the parents of the petitioner who have defaulted in not incorporating her name in the birth certificate, “a mistake by the parents cannot put the child at a disadvantage since it is the child who is a petitioner now is in requirement of a birth certificate with her name on it for use in her employment”. “One basic way of making known the same would have been to incorporate the said requirement in the birth certificate issued without a name which has not been done. Issuing mandamus for issuing of birth certificate with the name of the petitioner, the court directed the authorities to incorporate the requirements of Rule 10 of the Karnataka Registration of Births and Deaths Rules, 1999, in all birth certificates issued henceforth.