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Opinion

‘There is no impediment to correcting DOB in birth records’, says Bombay High Court

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Noting that there is no legal impediment to correcting the date of birth, recorded in the Register of Births and Deaths, the Nagpur court of the Bombay High Court has ordered the Nagpur Registrar of Births and Deaths to correct the date of birth and maiden name. from a resident of Dombivli.

“After going through the rule (Rule 11 (1) of the Maharashtra Birth and Death Registration Rules, 2000), we found that an administrative or formal error made in the registration can be corrected by the competent authority if it is considered that said mistake has actually occurred, ”said the court of Judge RK Deshpande and Judge Pushpa Ganediwala, while allowing the late claim of Archana Tamhane, a resident of Dombivli.

The 67-year-old woman had approached the Nagpur Birth and Death Registry to have her date of birth and maiden name corrected, as the US administration had denied her a green card due to discrepancies. in her maiden name and date of birth. as recorded on your birth certificate and school and employment records.

She had applied to the Registrar on February 6, 2020 complaining that her maiden name was incorrectly recorded as “Kotawat” on her birth certificate, instead of “Kotwal” and her date of birth was recorded as January 23, 1954 , instead of January 24. 1954.

The Registrar rejected your request on March 24, 2020, stating that your claim for a change in date of birth cannot be admitted; this forced her to approach the higher court.

Tamhane’s lawyer, lawyer AD Mohgaonkar, stated that there was no legal prohibition to correct the date of birth in the registry. He noted that the provision in Rule 11 (1) of the Maharashtra Rules on the Registration of Births and Deaths 2000 allows for corrections to the date of birth.

In response to the petition, the Registrar agreed to correct the petitioner’s maiden name. However, he strongly opposed prayer; taking a position that relevance is attached to the public record under Section 35 of the Indian Evidence Act. In addition, the Registrar also relied on the guidelines issued by the Home Office on June 30, 2015 and the instructions issued by the Maharashtra health department on November 17, 2015, to the effect that the date of birth recorded in the registry it cannot be corrected.

HC refused to accept this position, especially in light of Rule 11 (1), and held that the rule also allows for corrections to date of birth. The magistrate indicated that the petitioner was born at dawn on January 24, 1954, so it is obvious that her date of birth is wrongly recorded in the registry as January 23, 1954, and ordered the Registrar to make the corrections in your birth register and issue your corrected birth certificate.

Regarding the delay by the petitioner in approaching the Registrar, the court said that no time limit was prescribed under the Rules for making the corrections.

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