‘No impediment in correcting DOB in records of birth,’ says Bombay High Court

Observing that there isn’t a authorized obstacle in correcting the date of delivery, recorded within the Register of Births and Deaths, the Nagpur bench of the Bombay excessive courtroom has directed the Registrar of Births and Deaths at Nagpur to appropriate the date of delivery and maiden surname of a Dombivli resident.

“After going through the rule (Rule 11(1) of the Maharashtra Registration of Births and Deaths Rules, 2000), we find that a clerical or formal error made in the register can be corrected by the competent authority upon the satisfaction that such error has genuinely occurred,” mentioned the bench of Justice RK Deshpande and Justice Pushpa Ganediwala, whereas permitting the belated declare of Dombivli resident Archana Tamhane.

The 67-year-old had approached the Registrar of Births and Deaths at Nagpur for correction in her date of delivery and maiden surname, because the US administration had denied her a inexperienced card attributable to discrepancies in her maiden surname and the date of delivery, as recorded in her delivery certificates and in her college and employment information.

She had utilized to the Registrar on February 6, 2020 complaining that her maiden surname was wrongly recorded as “Kotawat” in her delivery certificates, as a substitute of “Kotwal” and her date of delivery was recorded as January 23, 1954, as a substitute of January 24, 1954.

The Registrar rejected her utility on March 24, 2020, stating that her declare for change within the date of delivery can’t be entertained; this compelled her to strategy the excessive courtroom.

Tamhane’s counsel, advocate AD Mohgaonkar, submitted that there was no authorized prohibition on correcting date of delivery within the register. He identified the availability contained in Rule 11(1) of the Maharashtra Registration of Births and Deaths Rules, 2000 permits corrections in date of delivery.

Responding to the petition, the Registrar agreed to appropriate the maiden surname of the petitioner. He, nonetheless, strenuously opposed the prayer; taking a stand that relevancy is hooked up to public document beneath Section 35 of the Indian Evidence Act. Besides, the Registrar additionally relied on the rules issued by the Ministry of Home Affairs on June 30, 2015 and directions issued by the Maharashtra well being division on November 17, 2015, to the impact that date of delivery recorded within the register can’t be corrected.

HC refused to simply accept this stand, particularly in view of the Rule 11(1), and held that the rule permits corrections in date of delivery as properly. The bench mentioned the petitioner was born within the early hours on January 24, 1954, and due to this fact it’s apparent that her date of delivery is wrongly recorded within the register as January 23, 1954, and directed the Registrar to make the corrections in her delivery document and concern her corrected delivery certificates.

As regards the delay on the a part of the petitioner in approaching the Registrar, the bench mentioned no time restrict was prescribed beneath the Rules for making the corrections.