“Birth registration is a permanent and official record of a child’s existence. The child who is not registered at birth is in danger of being denied the right to an official identity, a recognized name. "- UNICEF When a child does not have birth certificate, he/she may be denied access to ancillary services like health care and education. A lack of identification and support will eventually make life more difficult for children as they grow up.
The Registrar General, India is the central authority to unify and coordinate the registration work in the country. Likewise each State has a Chief Registrar of Births and Deaths who has the overall accountability of organizing, combining and controlling the work of registration. The local registration centers are managed by Registrars and Sub-Registrar of Births and Deaths who are at the grass-root level. One of the major challenges in promoting birth and death registration in the country is the minimal importance given to the work of registration from either the Health Department or the Local Self Government Department (Panchayat Department).
And lack of awareness and knowledge about the need and significance of registration among the people also enhance the complexity for future.
Afterwards, it becomes a herculean task to get an original birth certificate if your birth has not been officially recorded at the time of birth (within 21 days or 30 days of birth). It becomes difficult to get admission in school or college. And also, to get all other documents like Aadhar card, voter ID, PAN card, passport or visa, and also to claim the right to marry at the legally permitted age, settlement of inheritance and property rights becomes difficult without registration of birth.
Those born after 26 January 1989 need to compulsorily provide birth certificate when applying for Indian passport.
Here comes non availability of birth certificate (NABC), which will help to rescue you from this problem and will quite simplify the process of getting an original birth certificate. NABC is an official statement stating that the birth record of particular person is not available. Section 17 of the Registration of Births and Death Act, 1969 provides for this provision to declare that birth record of the particular person is checked and it is not available in the register. It is the legal document that certifies the registration of an unregistered birth. And till the time a person does not have birth certificate, NABC will fulfill the requirement. This document comes under civil right.
Let’s see the process of getting an original birth certificate.
In Urban Areas: The Municipal Corporation of the zone which the person has chosen will be assigned this work of issuance of birth certificate. The Deputy Health Officer in the Municipal Corporation is the competent authority to issue the certificate. If the deputy health officer is absent from the office, you can visit any vaccination centre that comes under the state government and the sub registrar can also issue the certificate in this situation.
In Rural Areas: Para-medical staff is present in every village who have been authorized for the issuance of such certificates. The Tehsildar at the Taluka level is also authorized to issue this certificate. You could also visit the Gram Panchayat Office in of the village and get the certificate from there.
For Non-resident Indians born before 1969, when the registration rule came into effect, the Indian consultants can issue the NABC certificate.
Getting an affidavit is the first priority for you to have this certificate. You can also contact a lawyer for this process as it takes some time and your lawyer can l make it easier for you to navigate through this process. In furtherance, for the court verification, you should have following documents:
Also, you should have 1 extra copy of all these documents. These documents will be cross checked by the Magistrate, subject to his/her approval, he/she will issue an affidavit with notary stamp to the Registrar to register the birth and issue your birth certificate.
Direct method: Visit the Health officer in your Municipal Corporation or the Registrar of birth and death in Registration Office that will provide you with an application form to be filled. Its format and content may differ sometimes but in essence it’s the same. During the submission of the form, the applicant should also annex the notification of the gazetted officer along with the affidavit obtained.
There may be some critical situations where the birth took place in:
Home: The nearby vaccination centre will be the appropriate destination to get this certificate but this will require a letter from the head of the family and 2 other witnesses who were more than 10 years of age at the time of your birth.
Vehicle: Application has to be made in the registration centre where the vehicle stopped first with the proof of letter by in charge of the vehicle.
Jail: If the birth took place in jail, a letter issued by jail-in-charge as proof will be required for the issuance of the certificate.
Dharamshala/ boarding house: If birth took place in a boarding house, a letter issued from the head of Dharamshala/ Boarding house will serve the purpose of proof to apply in MC.
The government does not charge for the issuance of birth certificate if it was registered within 21 days of birth but the NABC is chargeable and the cost is variable as per the norms of the state government. The payment is to be made through either a bank draft or cash.
Police verification is essential for passport, visa and jobs. The enquiry may stretch from a week to a month or more. After verification, the applicant will get the certificate in two to three months’ time.
The validity of documents enclosed is scrutinized through several step processes. During the enquiry which may go on for a week or a month, you will need to have some patience. NABC can be used as a license to get the original birth certificate but until that time it will serve the purpose. The Municipal Corporation or the Paramedical staff in village as the case may be, are the authorities for issuing the certificate and can also be applied online. The affidavit of the magistrate to get the birth registered is also an important step for which a lawyer can help. Therefore, it is possible to get the original birth certificate easily if the birth remained unregistered. If you are facing any difficulty in getting your certificate, it is best to consult a lawyer.Copyright 2022 – Helpline Law - HLL001
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