Kerala High Court pointed out that authorities must adopt a lenient approach while issuing birth certificates and should not insist on strict evidence. The court set aside a letter from the Secretary of Mayyanad Grama Panchayat, which rejected a couple’s application for a birth certificate on the grounds that an inquiry had found no proof of the child being born in the petitioners' relative’s house, as claimed.

Justice Ziyad Rahman A A, in his order, pointed out that the petitioner-parents had submitted affidavits sworn by relatives, including members of the household where the birth took place. He stated that these were "crucial documents which ought to have been taken into account" by the authorities.

The court further emphasised, ''Since this is relating to the question of registration of a birth, a lenient approach ought to have been made, and strict evidence should not have been insisted upon. Under normal circumstances, no one needs to make up a false story with respect to the place of birth of a child, and the same is also not likely to cause any prejudice to any person or affect the rights of any other person.''

The case involved a child born at the residence of the petitioner’s relatives before the mother could be taken to a hospital. The birth took place within the jurisdiction of Mayyanad Grama Panchayat, Kollam.

However, when the parents applied for a birth certificate, the Panchayat refused to issue it, citing an inquiry report from the Superintendent of CHC Mayyanad, which stated there was no evidence to confirm the birth occurred at the mentioned residence. It was also noted that the petitioners were not residing at the given address.

The court referred to Section 8(1) of the Registration of Births and Deaths Act, 1969, which mandates that in cases of birth occurring in a house, the head of the household or another authorised person must inform the Registrar.

In this instance, the child's mother had provided the information, though she was not the head of the household where the birth took place. However, the court observed that this was not the reason cited by the Panchayat for rejecting the application.

The court held that the Panchayat should not have solely depended on the report from the CHC Superintendent and should have considered other sources to verify the birth's occurrence within its jurisdiction.

It remarked, ''Therefore, an interference is required at the instance of this Court since Ext.P3 does not contain a proper inquiry to find out whether the birth has taken place within the jurisdiction of the 1st respondent Panchayath.''

Allowing the petition, the court quashed the rejection letter and directed the Panchayat Secretary to reconsider the parents’ request for a birth certificate, taking into account the affidavits submitted by their relatives.

It further instructed the petitioners to present the original affidavits before the 2nd respondent, who must then register the birth and issue the certificate. The court ordered, ''This shall be done within a period of one month from the date of receipt of the affidavits.''
(With LiveLaw Inputs)