SHILLONG: Despite a four-month-old notification issued by the Secretary of the Department of Law, the public continues to face problems when registering cases of births and deaths.
A letter on November 16, 2017 addressed to all Deputy Commissioners and Sub-Divisional Officers (Civil) stated that under the provision of the Registration of Birth and Deaths Act, 1969 (Central Act No. 18 of 1960) and the Meghalaya Registration of Births and Deaths Rules, 1999, the power of the magistrate means and includes the power of executive magistrate 1st class as well which also means that executive magistrates are empowered to take up and dispose matters or cases relating to the registration of births and deaths as well.
The law department notification was issued after numerous court cases of non registration of births and deaths.
The High Court of Meghalaya took exception to this trend.
The secretary, law department had urged officials to take necessary action and instruct all executive magistrates empowered with 1st class magisterial power including jurisdiction within the district or sub – division (civil) to take up the cases as per the provisions of the Births & Deaths Registration Act, 1969 and the state rules.
According to the Registration of Births and Deaths Act, 1969: “Any birth of which information is given to the registrar after the expiration of the period specified
therefore but within thirty days of its occurrence, shall be registered on payment of such late fees as may be prescribed. Any birth or death of which delayed information is given to the registrar after thirty days but within one year of its occurrence shall be registered on 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 office are authorized on this behalf by the state government. Any birth or death 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 or a presidency magistrate after verifying the correctness of the birth and death and on payment of the prescribed fee.”
However, a senior lawyer said that he receives scores of applications on a daily basis regarding registration of births and deaths out of which many of the applicants were either poor or from remote villages who had to spend their time and money to meet with lawyers for obtaining their birth and death registrations which could have been easily settled at the office of respective district administration as per the notification by the secretary of the law department.
A PIL to streamline the registration of births and deaths was filed by a city based lawyer and activist, Aneeta Synrem, which had been disposed of back in December last year but lack of passing of necessary orders by the concerned officials, is putting the public in continuous difficulties.
Without being able to register births and deaths, the public is facing difficulty in procuring voter cards, Aadhaar, admission in schools, insurance claims and more.
