The Registration of Births and Deaths Act, 1969, is a law that ensures all births and deaths in India are officially recorded by the government through authorized officials.

After the Chamoli flash flood in February 2021, many people went missing. Usually, a missing person is not immediately declared dead under Indian law. However, in this case, the government applied certain provisions of the Act to speed up the process. Following the Centre's directions, the Uttarakhand State Health Department decided to issue death certificates for those who remained missing after the disaster. This helped their families get legal proof of death, which is necessary for insurance claims, inheritance, and other legal purposes.

In this article, I will discuss the key sections of the Registration of Births and Deaths Act, 1969.

Registration of Births and Deaths Act, 1969

Object
The main objective of the Registration of Births and Deaths Act, 1969, is to ensure that every birth and death in India is officially recorded. This serves multiple purposes, such as providing legal identity through birth certificates, which act as proof of a person's existence and nationality. It also helps the government in planning policies related to health, education, employment, and social welfare by maintaining accurate data. Additionally, birth and death certificates are essential for various legal processes, including school admissions, marriage registration, property inheritance, and insurance claims. Moreover, a proper registration system helps prevent identity fraud by reducing the chances of fake identities and illegal migration.

Authorities for registration and their powers
The Act creates a clear system of officials to oversee the registration of births and deaths at different levels of government. These officials are responsible for ensuring that the registration process is carried out smoothly and efficiently across the country, from the national level down to states, districts, and local areas. This structured approach helps maintain accurate records and ensures that every birth and death is properly documented.

Registrar-General

• Appointment Section 3 of the Act states that the Central Government selects a Registrar-General to oversee the registration of births and deaths. This appointment is officially announced through a notification in the Official Gazette. Additionally, the government can appoint other officials with appropriate designations to assist in carrying out the responsibilities under the Registrar-General's supervision.
• Powers The Registrar-General is responsible for overseeing the registration of births and deaths across the country. They have the authority to issue guidelines to ensure uniform registration processes in all areas covered by the Act. Additionally, they coordinate the work of Chief Registrars in different states and prepare an annual report on registration activities, which is then submitted to the Central Government.

Chief-Registrar

• Appointment Section 4 of the Act states that the Chief-Registrar is appointed by the Central Government to oversee birth and death registration at the state level. The government can also appoint other officials with appropriate designations to assist in carrying out tasks under the Chief-Registrar's supervision.
• Powers According to Clauses 3 and 4 of Section 4, the Chief-Registrar is the highest authority in a state for implementing the Registration of Births and Deaths Act. However, they must follow the directions of the state government while carrying out their duties. Their main responsibility is to oversee, coordinate, and ensure that the registration process is conducted smoothly across the state.

District-Registrar
Section 6 of the Act defines the appointment and powers of District-Registrar.

Appointment
The State Government appoints a District Registrar to oversee the registration of births and deaths in each revenue district. To assist with this work, the government can also appoint Additional District Registrars who have the required qualifications. These Additional Registrars work under the supervision of the District Registrar and carry out tasks assigned to them.

Registrars
Section 7 of the Act defines the appointment and powers of Registrars.

1. Appointment
   The state government appoints Registrars to handle birth and death registration in specific local areas. These areas can include municipalities, panchayats, or other local authorities. A Registrar may be responsible for a single area or a combination of multiple areas, depending on the government's decision.
    
2. Powers and Functions
   Registrars are responsible for staying informed about all births and deaths in their area and recording them in an official register, as required under Section 8 or 9 of the Act. They work in their office to handle birth and death registrations and follow the working hours set by the Chief-Registrar. If needed, and with prior approval from the Chief-Registrar, they can also appoint Sub-Registrars to help with their duties.

Who are required to register?
Registrars are responsible for keeping track of all births and deaths in their area. To ensure accurate records, specific individuals must provide them with the required details for registration. This information can be given either orally or in writing, depending on what the Registrar asks for.

• For the birth or death that takes place at:
• House/Household
  • The responsibility of reporting a birth or death falls on the head of the house.
  • If multiple families live there, the head of the household must report it.
  • If they are unavailable, the nearest relative is responsible for registering the event.
  • If the nearest relative is also absent, the oldest adult male in the family must ensure that the birth or death is officially reported.
• Hospitals/Health Centres
  • If the event happens at home, the head of the household is responsible.
  • If it takes place in a hospital, health center, maternity home, or nursing home, the medical officer in charge must report it.
  • The medical officer can also authorize someone else to handle the reporting on their behalf.
• Place of Public Resort
  • The person responsible for the location must report any births or deaths that occur there.
• Jails
  • The person in charge of the concerned jail must report the births and deaths that take place there.
• Deserted New-born Child or a Dead Body Found in a Public Place
  • Must be reported to the authorities.
  • In villages, the responsibility lies with the village headman or a similar official.
  • In other areas, the officer in charge of the local police station is responsible for reporting such cases.
     
• Special Provisions
• Regarding Births and Deaths in a Plantation
  • Section 9 of the Act sets special rules for recording births and deaths in plantations.
  • The plantation superintendent must report these events to the Registrar.
  • A plantation is defined as a piece of land at least four hectares in size, used for growing crops like tea, coffee, pepper, rubber, cardamom, and cinchona.
  • The State Government can expand this list by issuing a notification in the Official Gazette.
     
• Regarding Births and Deaths of Citizens Outside India
  • Section 20 of the Act sets rules for registering the births and deaths of Indian citizens that happen outside India.
  • These events must be reported to the Registrar-General for official documentation.
  • If a child is born abroad and their birth was not reported earlier, the parents must provide the birth details for registration within 60 days of bringing the child to India for permanent settlement.
     
• Notification of Births and Deaths
• Section 10 of the Act assigns the responsibility of reporting births and deaths to:
  • Midwives, healthcare workers, and medical attendants who assist during birth or death.
  • Those managing places where dead bodies are cremated or buried.
  • Any other person designated by the State Government.
• These individuals must inform the Registrar to ensure proper record-keeping.
   
• Delay in Registration
• Section 13 of the Act states the provisions regarding the delay in registration of births and deaths:
• Clause 1: If information is given to the Registrar within 30 days of occurrence, it will be registered after paying a late fee.
• Clause 2: If reported after 30 days but within one year:
  • Registration requires written permission from the prescribed authority.
  • The informant must pay the required fee.
  • An affidavit must be submitted before a notary public or an officer authorized by the State Government.
• Clause 3: If a birth or death is not registered within one year:
  • Registration requires the payment of the required fee.
  • A magistrate of the first class or a Presidency Magistrate must verify the details and issue an order for registration.
• Clause 4: The Act does not intend to harm or put anyone at a disadvantage for failing to register a birth or death within the required time, especially in legal actions related to the delay.

Process of registration
As discussed earlier in this article, Section 8 of the Act specifies who is responsible for registering births and deaths. Section 9 includes special provisions for recording births and deaths that occur in plantations. Section 10 outlines the duty of certain individuals to report births and deaths and certify the cause of death. Additionally, Section 11 states that anyone providing oral information about a birth or death must also give their name, a brief description, and their place of residence. If they cannot write, they must provide their thumb impression instead.

Penalties
Section 23 of the Act provides for detailed provisions regarding the penalties a person may attract if certain provisions of the Act are not adhered to. 
Under Clause 1 of this Section, the following persons will attract the provision of a penalty of fine which may extend up to fifty rupees: 
If a person:

• Fails to give or provide the information that comes under that person's duty to inform regarding any birth or death that takes place, or
• Gives any false information for the registration purpose, or
• Refuses to provide his information as asked for under Section 11 of the Act.

Clause 2 of this Section provides for a penalty of fine payment which may extend to fifty rupees by any Registrar or Sub-registrar who fails in his duty as is expected from him and given in the Act.
Clause 3 of this Section provides for a penalty of fine payment by medical practitioners who fail or neglect their duty as is mentioned and expected from them under sub-section (3) of Section 10.
Clause 4 of this Section provides for a penalty for those persons who interrupt or cause to interrupt or contravene any provision of this Act, attracting a fine payment which may extend to ten rupees.
Clause 5 of this Section provides that a magistrate will be hearing the trial of a person who commits any of the offences as mentioned above. Maintenance of records
Section 16 of the Act mandates that Registrars maintain an official register of all births and deaths that occur in their designated area. This ensures that records are properly documented and can be accessed when needed.
Section 17 allows individuals, under specific conditions, to request a search for birth or death records and obtain relevant details.

This means that if someone needs proof of birth or death for legal or personal reasons, they can approach the Registrar for information. However, the Act includes a strict provision that prevents the disclosure of the cause of death. This means that while a person can obtain details about the occurrence of a death, they cannot access information regarding how the person died. This safeguard helps maintain privacy and prevents the misuse of sensitive information.

Section 19 of the Act provides that the Registrars will send the entries made in the register that is kept by them, either to the Chief Registrars or to any other person appointed by them so as to compile all the entries.

Repeal and saving
Section 31 of the Act ensures that if any state law has provisions similar to this Act, those provisions will no longer be in effect. However, this repeal is limited by Section 29, which states that the Act does not override or conflict with the Births, Deaths, and Marriages Registration Act, 1886.

This means that while the Act replaces similar state laws, it does not affect the older national law on birth, death, and marriage registration.

Power of remove the difficulty
Section 32 of the Act empowers the State Government to address any challenges in implementing the Act, but only with the Central Government's approval. To overcome these difficulties, the State Government can introduce necessary provisions or issue directions, as long as they do not conflict with the Act. However, if more than two years have passed since the Act came into effect in a particular area, the State Government can no longer issue orders under this section for that area.

Conclusion
Mother Earth is beautiful, but at times, it can become extremely dangerous, as seen in the devastating flood in Chamoli district, which caused destruction, loss of lives, and many people going missing.

Normally, birth and death certificates under the Act are issued when a person is born or dies. However, in exceptional situations like the Chamoli disaster, a different approach is needed to address the tragedy. To help the affected families, the Uttarakhand government decided to issue death certificates after a proper investigation for those who were missing and presumed dead beyond reasonable doubt, even if their bodies had not been found.

This decision can be seen as a compassionate and practical step by the government to provide closure to the families who lost their loved ones or are still holding on to the hope of their return.