Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court

The Karnataka High Court has allowed a petition seeking a direction to the civic body to insert the petitioner's name in her birth certificate observing that 'a mistake by the parents cannot put the child at a disadvantage'. Upon considering the arguments, the bench observed, “The birth certificate which has been issued and produced at Annexure-A does not indicate any requirement on part of the parents to comply with Rule 10 and/or proviso thereof, nor does it indicate any obligation on part of the person born to comply with Rule 10 on such person attaining majority.” Thus, the Court took the view that it would not be permissible now to deny the petitioner the insertion of her name in the birth certificate merely because her parents had not furnished such details and/or that there is a delay in furnishing the said details. 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.” Then it found that no details had been made available regarding the manner in which the corporation had informed the general public of the said requirement. “Can the petitioner be made to suffer on account of a default on part of her parents and deprive her of a birth certificate for eternity.” Accordingly, the court directed the respondent to issue the birth certificate in 30 days and also directed it to incorporate the requirements of Rule 10 of the Karnataka Registration of Births and Deaths Rules in all birth certificates issued henceforth.