Birth Certificate: A document to prove your birth
Author: Mr. Mudit Saxena, School of Law, Galgotias University
What is a Birth Certificate?
A birth certificate is an original document that records the birth of a child. It is very much necessary as it certifies the birth of an individual and fortifies the registration of birth of that individual. It documents name, gender, parents’ names, date and place of birth of a person. It is conclusive proof for the determination of the age of an individual. It is the first document that lays the foundation of an official identity of an individual. . It creates a record of the birth of a child with a government agency. It is an immutable document that channelizes one’s identity. It protects a child from being vulnerable to disqualification from official identity, nationality, and a recognized name. It answers the questions like who one is, when, where and to whom he/she was born.
Why we need a Birth Certificate?
The birth certificate is of epitome importance. It acts as a gateway to several opportunities and aids for a child. It provides access to medical services provided by the government, it opens a world of education i.e. a child possessing a birth certificate can get admission to any school. It provides legal protection from crimes, helps in inheritance, etc. as the certificate provides legal recognition to the child. It determines the nationality of the child and ensures his/her rights. It is key to easy access for social services.
What is the Non-availability of Birth Certificate?
It is a document which states that an individual does not possess a birth certificate i.e. he/she has not registered themselves previously. It is issued after a detailed investigation and after this, the registrar issues a birth certificate to the concerned person.
Who to approach?
Under the Registration of Births & Death Act, 1969, the government of India has made the registration of a child’s birth mandatory within 21 days of the birth of the child with the concerned registrar. It is done through a well-channelized system defined by the government i.e. via the different levels of registrar (Registrar General at the central level, Chief Registrar at state level followed by district and town registrar). The power to issue the certificate rests with Municipal Corporations in the urban areas and that with the Gram Panchayats at the rural level.
Following are the documents required in order to obtain a birth certificate:
- Proof of birth letter from the concerned hospital (if the child is born in hospital)
- Birth certificate of the parents
- Parents’ marriage certificate
- Address proof
- Affidavit of the parents (swearing the provided information to be true)
All the documents must be attested by the local Gazette Officer.
What procedure to follow?
There are two procedures to obtain a birth certificate i.e. an online procedure and an offline procedure.
- Obtaining Certificate Offline
One has to submit the above-stated documents attested by the local Gazette Officer to the concerned authority (Registrar) in the Municipal Corporation or Gram Panchayat. The registrar will provide a birth certificate form that needs to be filled and duly submitted to the registrar for further process. One is asked to fill details like applicants’ names, parents’ names, place of birth, permanent address, and date of birth in the birth certificate form.
The process is absolutely free of cost if the process is initiate within 21 days of the birth of the child on the contrary if there is any delay in the initiation of the process a late fee is payable. This fee is determined by the State government and hence varies from State to State.
After the submission of the forms and the concerned documents, the details are verified and the certificate is received via post after the verification process.
- Obtaining Certificate Online
The government has made the process of obtaining the Birth Certificate digital. It helps an individual in many ways being, one can apply for the certificate at his/her own comfort, it saves time from being a part of long queues.
The procedure is as follows:
- Register under the head of “General Public Signup” by providing the respective details. (http://crsorgi.gov.in/web/index.php/auth/login)
- You will receive a confirmation mail.
- Follow the instructions provided in the mail.
- Now, Login and fill the birth certificate form.
- Get a print out of the form and visit the Municipal Corporation or Gram Panchayat (as applicable).
- Provide the necessary attested documents to the registrar.
- The certificate will be obtained via post after the verification.
- Obtaining Non-availability of Birth Certificate
It is a bit lengthy and time taking process. It can be done in the following way:
- Register on the Municipal Corporation website.
- Under the Service Menu select Non-availability of Birth Certificate
- Fill the concerned form and take a print out of it.
- Take the print out along with the relevant documents and affidavit to the concerned Registrar.
- After the cross verification, the Registrar will issue a Non-availability of Birth Certificate.
This certificate along with the relevant document can be produced in the court to re-issue a birth certificate.