Table of Contents:
- Importance of Birth Certificate
- The Legal Framework
- Who can register a child’s birth?
- Registration of births of citizens outside India
- Delayed registration of births
- How do you apply for a Birth Certificate?
- What to be done when birth of any child has been registered without a name
- Who will Issue a Birth Certificate for your Child and Where?
- Procedure for Online Birth Registration in India
- Documents required for attesting the application form of the birth certificate
- What’s the processing time of birth application?
- Other modes for application of Birth certificate
Importance of Birth Certificate
Birth certificate is very important for a child’s admission to schools or colleges, hospital benefits and in establishing inheritance and property claims. It is the first right of a child and establishes his or her identity. It becomes important for the following processes:
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Establishing age for insurance reasons
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Proving parentage
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Age proof for employment
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Age proof for marriage
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Admission to schools/colleges
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Establishing age for enrolling in Electoral Rolls
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Registering in NPR (National Population Register)
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Application for a passport
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Immigration requirements (like getting a green card)
A person without a birth certificate will not be identified as Indian citizen & will not be eligible to reap all the benefits/rights. They will not be able to get a passport or admission into schools. A birth certificate is a stamp of your existence on this earth and hence is extremely essential to every human being. So parents, always get your child’s birth certificate done as soon as possible – within 21 days of the birth to avoid complications, late fees or tedious processes.
The Legal Framework
By law since 1969, registration of births is compulsory as per provisions of Registration of Births & Deaths Act. Birth certificates are issued by the Government of India or the municipality concerned. Specific rules vary by state, region and municipality.
In Delhi, for example, births must be registered within 21 days by the hospital or institution or by a family member if the birth has taken place at home. After registration, a birth certificate can be obtained by applying to the relevant authority. Certificates can also be issued under special provisions to adopted children, and undocumented orphans. Overseas births can also be registered. Therefore, as stated above, it is mandatory under the Indian Law to register every birth with the concerned State/UT Government within 21 days of its occurrence. The Government accordingly has provided for a well-defined system for registration of Birth, with the Registrar General at the centre and the Chief Registrars in the States, running through district registrars to the village and town registrars at the periphery.
Who can register a child’s birth?
There are many rules as to who can register the birth of a child, which include –
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S. No.
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Place
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Person Responsible for Registration
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1.
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When the birth has happened in a house.
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Oldest person in the family or head of the house or closest relative to the latter.
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2.
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When the birth has happened in a moving vehicle
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The person in charge of the said vehicle.
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3.
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When the birth has happened in a boarding house or Dharamshala.
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The person in charge of the boarding house.
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4.
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If the baby is found abandoned in a public place.
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The local Police in-charge or the Village Headman.
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5.
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When the birth has happened in jail.
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The person in charge of the jail.
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6.
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When the birth has happened in a nursing or maternity home
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The medical officer in charge of the home
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7.
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When the birth has happened at a Medical College Hospital/Sub-Division Hospital/Referral Hospital.
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The deputy superintendent who is in charge of the hospital or the officer in charge of the referral hospital.
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Registration of births of citizens outside India
Registration of Births & Deaths Act, 1969 provides for a special provision for the registration of births of citizens outside India. According to this provision, the Registrar General shall, subject to such rules as may be made by the Central Government in this behalf, cause to be registered information as to births of citizens of India outside India received by him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this Act.
Further, in the case of any child born outside India in respect of whom information has not been received as provided above, if the parents of the child returns to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, can get the birth of the child registered under the Registration of Births & Deaths Act, 1969 in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
Delayed registration of births
Sometimes when there is a delay in registration of birth then according to the Registration of Births & Deaths Act, 1969, birth can be registered by
(1) payment of late fees
(2) written permission of the prescribed authority
(3) an order of a magistrate.
However, the conditions mentioned above are independent of each other and varies with the time period such that any birth, of which information is given to the Registrar after the expiry of the period specified therefore, but within thirty days of its occurrence can be registered on payment of such late fee as may be prescribed.
However, in cases where the delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. Lastly, any birth which has not been registered within one year of its occurrence shall be registered only on an order made by a magistrate of the first class.
How do you apply for a Birth Certificate?
To apply for a Birth Certificate, you must first register the birth. The birth has to be registered with the concerned local authorities within 21 days of its occurrence, by filling up the form prescribed by the Registrar. Birth Certificate is then issued after verification with the actual records of the concerned hospital. In case the birth has not been registered within the specified time of its occurrence, the certificate is issued after due police verification ordered by the revenue authorities.
What to be done when birth of any child has been registered without a name
As per Section 14 of the Registration of Birth and Death Act, 1969 , where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the Registrar either orally or in writing and thereupon the Registrar shall enter such name in the register and initial and date the entry.
Who will Issue a Birth Certificate for your Child and Where?
In India, the Registration of Birth and Death Act provides for an appointment of a Registrar by the State Government for each local area comprising the area within the jurisdiction of a municipality, panchayat or other local authority or any other area and the registrar himself is responsible for issuing the Birth Certificate. The State Government is further empowered to appoint any officer or employee thereof as a Registrar in municipality, panchayat or other local authority.
The Registrar shall attend his office for the purpose of registering births on such days and at such hours as directed by the Chief Registrar in the local language. Further, the Registrar may also with the prior approval of the Chief Registrar may appoint Sub-Registrars and assign to them any or all of his powers and duties in relation to specified areas within his jurisdiction.
Procedure for Online Birth Registration in India
The Indian government has stepped into the digital landscape. But it’s sluggish. Therefore, only a few metropolitan cities have access to online registration of the birth in India. You can check whether or not your place is valid to get the facility of online registration.
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S. No.
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Steps to be taken
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1.
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Go to the website: crsorgi.gov.in
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2.
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Move to the left pane where the signup dialog box will be given
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3.
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Click General Public Signup to register yourself
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4.
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As you tap, the Signup box will pop up. Fill up all valid details, including user name, mobile number, place of birth, user ID, district and village/town etc
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5.
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If the Registration Unit field would be active and showing the name, it implies that your place avails this facility
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6.
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Put the verification code and tap on the tab Register
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7.
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Post registration, a ‘thank you’ message will appear. It will prompt you to check your email ID for the confirmed registration
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9.
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Sign in again
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10.
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A form will appear to fill the name of the child, parents and location
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11.
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Subsequent to filling it, submit it after 24 hours
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12.
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Download its soft copy
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13.
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Take its print out
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14.
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Then, visit the registrar office in person
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15.
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Get the form attested by either registrar or sub-registrar
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Documents required for attesting the application form of the birth certificate
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Letter of the hospital/paramedical staff/from medical record officer
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Affidavit attested by the SDM
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Copy of ration card
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School leaving certificate
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It must be notified that the annexes must be attested by the Sub-Divisional Magistrate (SDM).
What’s the processing time of birth application?
It would take around 7 days to 3 weeks to get this certificate. But if you outsource, it may be a lengthy process. NRIs mostly prefer this option as the passport authority accepts the proof issued by the Municipal Corporation.
Other modes for application of Birth certificate
Online registration for a birth certificate can be completed:
A part of National E-Governance Plan Scheme named Common Service Center Scheme is started by Government to provide G2C(Government to Citizen) and B2C(Business to Citizens) services at doorstep of citizens under Bharat Nirman. Under this Scheme, the budgetary allocation of 100000 Common Service Centers in Rural Areas and 10000 CSC in Urban India. One of the major aims of CSC is to provide the High quality and Cost-Effective e-governance Services to the citizens in various fields. Further, they are also regarded as the authorised cyber cafes that perform the task of the Nagar Nigam operator. They assist the citizen to fill the registration form based on the information provided by them. The operators are provided with all forms & guidelines necessary to perform the task. After submitting the application, an SMS is sent to the applicant’s mobile to intimate the same. A separate account is maintained by the CSCs to collect the payment from the citizen which is then later submitted to the Nagar Nigam.
Various services like Passport, Insurance, E-Nagrik & E-District Services like Birth/Death Certificate, Pension Services, NIOS Registration, Aadhar Enrolment, PAN Card, Electoral and various other services are being provided by a Common Service Center.
Note: The citizen can collect the birth certificate either from the site or from the CSC or from Nagar Nigam service center once the certificate is generated and is made available on the site.
For the process of applying new birth certificate online and birth certificate check online, refer to our blog post.
Written by: Anind Umrao
Dr. Ram Manohar Lohia National Law University, Lucknow (3rd Year)
