Necessity of Implementation of Registration of Birth and Death Act, 1969 by Ramakanta Satapathy National Consultation on ‘Expanding Access and Using the Law to Ensure Sexual and Reproductive Health Rights’ was held in December’ 2015. The consultation brought together experts, activists, lawyers, health workers and students from all corners in the country, in building the understanding on the issues and the emerging challenges. Human Rights Law Network http://hrln.org

1. Necessity of Implementation of
Registration of Birth and Death
Act, 1969.
National Consultation on Expanding and Using the Law
to Ensure Sexual and Reproductive Health Rights.
Global Institute of Technology, Jaipur.
5-7 Dec 2015,
Ramakanta Satapathy

2. Definition of Civil Registration:
 Civil Registration is understood as timely,
accurate, permanent, continuous and
compulsory recording of vital events (like
Birth, Death and Marriage) and
characteristics thereof as provided through
the legal requirements of the country.

3. Civil Registration System (CRS) in India:
 In India, the Civil Registration System (CRS) covers registration
of vital events: births and deaths only.
 It is done through Registration of Birth and Death Act 1969 and
Rules framed by States in line with model Rules suggested by
GoI in 1999.
 The power to implement the RBD Act is vested with state govt.
 CRS is administered and coordinated in the country by the
Registrar General of India (RGI) under the aegis of the Ministry
of Home Affairs, Govt of India.
 CRS provides the best source of regular information on the vital
rate (Sex Ratio at birth, NMR, IMR, etc.) at all levels.
 The Chief Registrar of Birth and Death compiles, publishes and
submits the annual statistical report based on CRS to state govt
and RGI.

4. Mandate of UNCRC:
Article 7: Every Child Has a:
Right to Name.
Right to acquire Nationality.
Right to know and be cared for by
his/her Parents.
(Registration of Birth is a Right of the child through which Right
to Identity is recognized)

5. Constitutional and other Legal Reference
 Constitution of India: Item 30 in List III
(Concurrent List) of Seventh Schedule.
 Indian Evidence Act 1872: Section 35, 76 and 112.
 Indian Citizenship Act 1955.
NB: The National Population Policy 2000 had set the target to
achieve 100% birth registration by 2010.

6. Registration of Birth and Death Act 1969
Objective of this Act is:
To regulate and accurate the registration of births and deaths in
the country.
To maintain the adequate and accurate countrywide registration
data for the purposes of national planning, understanding the
requirements of public health and medical activities, developing
family planning programmes and reproductive child health
programmes.

7. Birth Registration: A Right of the Child
It’s Importance and Usefulness:
Birth Registration ensures the Legal Relationship
between individual and the State.
It establishes Child Right to Identity in terms of:
 Name,
 Nationality and
 Parentage.
Contd….

8. National
Planning
Understanding of demographic changes,
(Infant Mortality, Sex Ratio at birth, etc) and Vital
Socio-Economic Statistics, ensure enrolment in National
Population Register, etc.
Legal Document Legal Evidence in Court of Law, Immunity from criminal
liability in case of child and Juvenile, to establish
parentage, Age Proof for Prevention of Child Marriage,
Child Labour, proof of age for employment, for
obtaining Driving license, Passport/Visa,, etc.
Ensure
Entitlements
and Rights
Social Security Schemes and services, Access to
Education at Right Age, Benefits from Public
Distribution System, enrolment in electoral rolls, age
verification for marriage, attaining majority, etc
Birth Registration: A Right of the Child
It’s Importance and Usefulness:

9. Structure of Civil Registration Mechanism:
National Level
Registrar General of India
State Level
Chief Registrar
District Level
District Registrar
Local Area
Registrar
Urban Areas
Health Officers/Equivalent Officer of the
Municipal Corporations and the
Executive Officers of Municipalities and
the NACs are the Registrars of Births
and Deaths.
Rural Areas
Panchayat Secy/ Gram Sevak/ Teachers/
Police Officer/ Village level Accountant/
Medical Officer of the Local PHC/CHC, etc are
Registrar of Birth and Death.
NB: The RGI has notified the Directors of Census Operations as Joint Registrar Generals
and Joint/Deputy Directors of the Directorates as Assistant Registrar Generals under the
RBD act, 1969

10. Time Line and Procedure of Birth Registration
Within 21 Days Registration and Certification is made free of
charge
21 Days - 30 Days Late fee of Rs. 2.00 (Certificate-Rs. 7.00)
Same Procedure is followed as in the case of
registration within 21 days.
30 Days - 1 year Late fee of Rs. 5.00. (Certificate-Rs. 9.00)
Affidavit before the Notary Public Authority.
Registration shall be made after written permission
from the District Registrar.
1 Year - After Late fee of Rs. 15.00+Rs.7.00 NOC from local registrar.
Affidavit before the Notary Public Authority.
Registration shall be made only after the order of a
Magistrate of First Class.

11. Situational Analysis*:

12. Situational Analysis*:

13. Situational Analysis*:

14. Situational Analysis*:
*Source: Vital Statistics of India based on the CRS 2013, RGI, Govt of India

15. How reliable the data is?:
• Is every birth reported?
• Is every birth report made, registered?
• Is every birth registered, acknowledged with
issuance of extract (U/S 12)?
• What is the status of Birth Certification-U/S 17
(No data available. Only 4 States and UTs
reported?)

16. Gaps and Inadequacies :
 Lack of public awareness and demand for birth certificate
 Prevalence and acceptance of alternative documents to BC
 Shortage of personnel. Birth Registration is not the Exclusive
Responsibility of Local Registrars .
 No Public Display of Boards at Local Registrar’s Office as per
Section 7 (4) of RBD Act.
 Birth and Death Registration system is not monitored regularly as is
for other public health programmes.
 Budgetary allocation remains insufficient against the requirements.
 Emphasis on Birth Certification is not given.
 Cumbersome legal procedure in case of delayed registration.
 Annual Report not published regularly for public knowledge.

17. Suggestions for Improvements
 Registration should be looked as the more responsibility of
State than the family.
 Massive public awareness through mobile vehicle campaign,
street law programme, school campaign, audio-visual
campaigns., etc
 Display of Boards in every Registrar office in conformity with
Section 7 (4) of the RBD Act.
 Registrar (At least local) must have the exclusive responsibility
of implementing RBD Act
 Necessary administrative fees shall be paid in cash not through
Treasury Challan.

18. Suggestions for Improvements
 Mandatory Reporting by local notifier within 21-days
 A single window operation system should be
introduced for quick issuance of birth certificate from a
single office, so that people would find it easy and
simple to get a birth certificate.
 Making (in a progressive manner) production of birth
certificate mandatory, for availing certain entitlements
and facilities / privileges / services.

19. Role of CSOs
 Awareness generation.
 Advocacy
 Legal Intervention
 Group affidavit
 Mass movement for delayed registration with the
support of Registrar, Notary and SLSA.

20. Thanks!
Let’s Discuss and Share our ideas