REGISTRATION OF BIRTHS AND DEATHS (AMENDMENT BILL) 2023
1. Context
Rajya Sabha on Monday passed a Bill that allows the use of a birth certificate as a single document for admission to an educational institution, issuance of a driving licence, preparation of voter list, Aadhaar number, registration of marriage or appointment to a government job.
2. The Registration of Births and Deaths (Amendment Bill) 2023
- The 1969 Act governs the registration and regulation of births and deaths in India.
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Births and deaths registration is under the Concurrent List, enabling both Parliament and state legislatures to enact laws on the matter.
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As of 2019, national birth registration stood at 93%, and death registration at 92%.
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The Law Commission (2018) suggested incorporating marriage registration within the 1969 Act.
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The Registration of Births and Deaths (Amendment) Bill, 2023 was introduced in Lok Sabha on July 26, 2023.
3. Key Features of the Registration of Births and Deaths (Amendment) Bill, 2023
- Database Enhancement: The Bill proposes establishing a national database for registered births and deaths, maintained by the Registrar-General, India. Chief Registrars and Registrars at the state and local levels will share data with this database.
- Electronic Certificates: Instead of extracts, the Bill allows individuals to obtain birth or death certificates electronically or through other means by searching the Registrar's records.
- Aadhaar Details: The Bill mandates that certain persons reporting births and deaths provide the Aadhaar number of parents and informants. This applies to births in hospitals, jails, hotels/lodges, adoptions, surrogacy, and single/unwed parents.
- Database Sharing: The national and state databases may be shared with other authorized databases like population registers, electoral rolls, and ration cards, subject to central or state government approval.
- Use of Birth Certificates: Birth and death certificates will serve as proof for individuals born after the enactment. They'll be used for purposes like education admissions, voter lists, government appointments, and others specified by the central government.
- Appeal Process: The Bill introduces an appeal process for those dissatisfied with Registrar or District Registrar decisions. Appeals must be made within 30 days, and decisions will be rendered within 90 days by the District Registrar or Chief Registrar.
4. Issues to Consider Regarding the Registration of Births and Deaths (Amendment) Bill, 2023
Constitutional Violation Concern:
- The Bill's provisions could potentially clash with constitutional rights.
Use of Birth Certificate:
- The Bill mandates the use of birth certificates for various purposes, applicable to individuals born after the Bill's enactment.
- School Admission: Requiring birth certificates for school admissions may infringe upon the fundamental right to education (Article 21A). The Right to Education Act, of 2009, allows admission based on birth certificates or other prescribed documents, with no denial based on age-proof absence.
- Right to Vote: Article 326 guarantees voting rights for citizens aged 18 and above. Non-possession of birth certificates isn't among the mentioned disqualifications, which include non-residence, unsound mind, or criminal activity.
Potential Violations:
- The provision's rigidity may unintentionally hinder citizens' exercise of their constitutional rights, like accessing education and voting.
- Denying admission to children without birth certificates could impede their entire educational journey, contrasting the Right to Education Act's intent.
- Requiring birth certificates for voting, which isn't a listed disqualification, could limit individuals' access to this fundamental right.
Exemption Consideration:
- The Bill lacks exemptions akin to the Right to Education Act, raising concerns about potentially lifelong consequences for individuals whose births aren't registered.
Balancing Regulation and Rights:
- While the Bill aims to enhance registration and database management, striking a balance between these goals and safeguarding fundamental rights is imperative.
5. Concerns over Linking Aadhaar with Birth Records
Right to Privacy:
- The Bill links the Aadhaar details of parents and informants (e.g., doctors, jailors) to birth certificates.
- Right to Privacy Recognition: Supreme Court (2017) acknowledged the right to privacy as fundamental, with certain reasonable restrictions.
- Right to Privacy Violation: Connecting the Aadhaar of medical officers to all newborns or SHOs to abandoned children might disproportionately breach their privacy rights.
Aadhaar Judgement Violation:
- Aadhaar Act 2016 as Money Bill: The Aadhaar judgement (Puttaswamy 2018) treated Aadhaar Act as a money bill, limiting its use to government benefits and services.
- Violation Implications: Linking Aadhaar to birth certificates could potentially breach the judgement's principles, similarly to striking down Aadhaar for bank accounts and mobile phone connections.
- Marriage Registration Case: In a 2016 case involving marriage registration under Delhi's Executive Order, the Central Information Commission stated that Aadhaar wasn't mandatory based on a 2015 Supreme Court interim order on Aadhaar.
Implications:
- Privacy Balancing: Balancing the utility of linking Aadhaar with birth records against potential privacy violations is a challenge.
- Aadhaar Judgement Consistency: Ensuring that Aadhaar linking aligns with the principles and limitations set forth by the Aadhaar judgement is essential for upholding citizens' rights.
6. Birth Certificate as Sole Proof of Age: Implications and Discrimination Concerns
- Conclusive Age Proof: The Bill designates birth certificates as exclusive and conclusive evidence for determining age and birthplace in various situations.
- Consequences of Absence: Lack of a birth certificate might render individuals ineligible for voting, school admission, marriage, and government jobs without alternatives.
- Lack of Alternatives: The Bill doesn't offer alternative methods to establish age if birth certificates are missing.
- Centralization of Authority: Giving birth certificate issuers sole authority to influence individuals' life decisions can lead to potential corruption risks and misuse of power.
7. Discrimination against Vulnerable Children
- Delayed Registration Conditions: The Bill permits delayed birth registration under specific conditions, requiring permission from District Registrar, fees, and documentation.
- Inadequate Consideration: This approach could disadvantage children in need of care and protection, who might lack birth certificates due to unique circumstances (e.g., running away, natural disasters).
- Violating Juvenile Justice Act: Provisions of the Bill might violate the Juvenile Justice Act (2015), which emphasizes social reintegration and rehabilitation for vulnerable children.
- Court's Position: The Supreme Court (2021) highlighted evidence alternatives for age determination, including school or matriculation certificates and medical age tests under the Juvenile Justice Act, 2015.
- Bill's Shortcoming: The Bill does not present any alternative proof of age if a birth certificate is unavailable.
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For Prelims: Registration of Births and Deaths (Amendment) Bill, 2023, Law Commission, Supreme Court, High Court, Juvenile Justice Act, Aadhar Act, 2016, Article 326, Right to Vote.
For Mains: 1. Discuss the implications of the Registration of Births and Deaths (Amendment) Bill, 2023's provision that established birth certificates as the exclusive and conclusive proof of age and birthplace for various purposes. (250 words).
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Previous year Questions1. Consider the following statements: (UPSC 2020)
1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
Which of the statements given above is/are correct?
A. 1 and 4 only
B. 2 and 4 only
C. 3 only
D. 1, 2 and 3 only
Answer: B
2. Consider the following statements: (UPSC 2018)
1. Aadhaar card can be used as proof of citizenship or domicile.
2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
3. The identity platform 'Aadhar' provides open "Application Programming Interfaces (APIs)" What does it imply? (UPSC 2018)
1. It can be integrated into any electronic device.
2. Online authentication using iris is possible.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
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Source: PSR Legislative Research
