Birth and Death registration in Kerala

Birth and Death registration in Kerala

U/s 13(3) Act the event occurred prior to 1.4.70 and left unregistered cannot be registered now under the Registration of Birth and Death Act1969(SFRDOOTPP12).But Hon’ble HC in its full Bench decision taken in OPno1671/92(reported in 1998(1)KLT683) reports that the birth not registered before 1.4.70 can be taken and registered u/s 13(3) of RB&D ACT.(Ref circular Panchayath Director B3-11904/98 dt 19.06.98{SFP17RDOOTP}

Birth and deaths occurred in outside India under the Citizens(Registration of Indian Consulates) Rules ,1956 made under the Indian Citizen act,1955(57of 1955) all births and deaths pertaining to Indian citizens occurring outside India can be registered at the Indian consulates. The above mentioned rules has also the provisions for registration of even those births to Indians Citizens that have occurred prior to the commencement of the rules , certificates of birth and deaths are also issued to such registration by Indian consulates(refSno1(1) No 1/5/97-VS(CRS Rules)GOI Ministry of Home affairs O/o the Registrar General of India,VS Dn,West Block,RK puram,Delhi dt 4.06.98)

Sn20(2) of the RBD Act,1969 provides for registration (In India) within 60 days of birth occurring to Indian Citizens outside India,when no information has been received by the RGI,as provided under sub sn (1)of the sn 20 of the Act,and when parents of the child return to India with a view of settling here. The purpose of this provision is to facilitate the registration of those births in India which for some reasons have not been registered at the consulate and parents return to India with a view to settling here. Registration of deaths, however is not covered under this section .

The RG’s office through circular No 30(1)N/93-VS(FR)dt 5.7.95 had, u/s 20(2)of the RBD act, further facilitated the registration of such events of birth by allowing its registration at the used place of residence of the Indian citizen in India, irrespective of whether the information of the said as envisaged u/s20(1) of the RBD act, has reached or not.

The existing provisions under the citizen(Registration at Indian consulate) rules 1956 and those under section 20(2) of the RBD act are sufficient to take care of registration of all events that occur to Indian citizen outside India and therefore, there is no necessity at present to frame any further rules on the subject. Also the RBD Act  does not anywhere envisage the establishment of a central Registry for this purpose

Individual representations received by you concerning registration of births and deaths of Indian Citizen that have occurred outside the country may be directly taken up with consular Division, Ministry of External Affairs, Patiala  House, New Delhi 110002 who would –provide the necessary assistance in this regard