Procedure for Application of Non-Availability of Birth Certificate

Section 8 of The Registration of Birth and Death Act, 1969 mandates that any birth/ death in-house, hospital, health center, maternity or nursing home or other like an institution, jail, choultry, chetrum, hostel, Dharamshala, boarding house, lodging-house, tavern, barrack, toddy shop or place of the public resort must be reported to the Registrar. Under Section 17 of the Act, the extracts is certified by the Registrar or any other officer authorized by the State Government as provided in section 76 of the Indian Evidence Act, 1872, (1 of 1872) and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. Let us discuss the non-availability of birth certificate.

As a known fact, the birth certificate is an indispensable document that follows an individual in all the crucial stages of his life. Without the birth proof life turns out to be a nightmare literally. With this said, the next obvious question that arises in the minds of the readers would be the following, what if the birth was not recorded with the concerned authority within the stipulated time, ultimately making the person devoid of any proof? What if the document is destroyed/tampered? And the list goes on and on. However, the following paragraphs aim to make clear the procedure to apply for the non-availability of this vital document.

As the title of the article provides some clue, Non- Availability of Birth Certificate (hereinafter referred to as NABC) can solve this problem to some extent. Though not an absolute alternate to Birth Certificate, it is pivotal in this whole process.

Authorities to Issue Non-availability of birth certificate

In every zone of an urban region, there is a distinct Municipal Corporation (hereinafter referred as MC) to look after the affairs of births and deaths. The competent authority in this body to issue NABC is the Deputy Health Officer. In his absence, the vaccinators in vaccination centers, the paramedical staff of health centers can issue the same.

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Provisions are also present in the rural area, wherein the concerned paramedical staff of health centers, who also vaccinate can issue the certificate. Thus, making it handy for those in the remote corners of the country. However, the concerned the party must approach these competent authorities (be it in a rural or urban area) with the relevant documents to aid the officials in receiving the certificate. The facilities accorded by the State Governments in this regard are a welcome step in this arduous journey.

The established principle is that every birth must be registered in the nearest MC present in the respective locality and the same has the power to issue NABC. But trouble arises when the place of birth cannot be determined. Say, for instance, a birth happens on a moving vehicle or during a voyage etc., the place of registration would be the place where the vehicle first stops. And in case it is a home-birth the nearest vaccination center would be competent to issue the certificate. Apart from the authorities mentioned supra, none has been deputed by the government in this regard.

Application Procedure

The conventional method is approaching the respective zonal offices directly with the essential documents like driving license, statement of two witnesses, school certificate, residential proof, mark memos, passport, voter ID, affidavit, a gazette notification, letter issued by jailer, head of dharmashala, vehicle in charge, headman of village, authorized medical officer (if he/she took birth in these places). Then the prescribed form must be duly filled in and all these must be forwarded to the MC. Instead of following this method, online applications can also be made by accessing the official website of MC of the respective State (eg. For the State of Tamil Nadu, https://govinfo.me/procedure-apply-birth-certificate-tamil-nadu/), thus making it more convenient for the netizens. It is vital to understand the fact that the primary step is to get registered, and once done the login is provided, which further enables him/her the download the prescribed form. Then follows the filling up procedure along with the scanned copy of the relevant documents. Once uploaded, online payment is required and finally the receipt number is provided after due completion of the process which enables us to track its status later.[1] There are also several private agencies, Legal Process Outsourcing firms that cater to the needs of native people and NRIs to receive the certificate in due time.

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Thus the government initiative to provide NABC is indeed commendable easing the burden of the general public.

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[1] SemlovelySharma,How to apply for non-availability of birth certificate,Legal Services India, (October 17, 2017,9:49 P.M.)

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