Registration Of Births And Deaths (Amendment) Act, 2023

Policy Update
Sana Ansari

The original Registration of Births and Deaths Act, 1969, established the legal basis for the compulsory registration of births and deaths nationwide. Although it fulfilled its role for many years, the Act missed clauses to tackle the issues of manual systems and the changing needs of a digital age. To update this framework and meet current governance requirements, the Registration of Births and Deaths (Amendment) Act, 2023 has been presented.

This amendment represents an important advancement in strengthening digital governance and enhancing the delivery of public services. It enables a birth certificate to act as an all-in-one document for important purposes including school admissions, driving license issuance, voter registration, acquiring Aadhaar numbers, marriage registration, and applying for government positions. The law was approved by both Houses of Parliament and obtained the approval of President Droupadi Murmu, thus becoming official. Moreover, the Act allows for the establishment of a unified digital database at both national and state levels for recorded births and deaths.

Key Features of the Act

1. Database of births and deaths: The Act provides for the appointment of a Registrar-General, India who may issue general directions for registration of births and deaths. The Bill adds that the Registrar General will maintain a national database of registered births and deaths. The Chief Registrars (appointed by states) and Registrars (appointed by states for local area jurisdiction) will be obligated to share data of registered births and deaths to the national database. The Chief Registrar shall maintain a similar database at the state level.

2. Electronic certificates: The Act provides that any person may: (i) cause a search to be made by the Registrar for any entry in a register of births and deaths, and (ii) obtain an extract from the register related to any birth or death. The Bill amends this to provide for obtaining a birth or death certificate (electronically or otherwise) instead of extracts.

3. Aadhaar details of parents and informants required: The Act requires certain persons to report births and deaths to the Registrar. For example, the medical officer in charge of a hospital where a baby is born must report the birth. The Bill adds that, in cases of births, the specified persons shall also provide the Aadhaar number of the parents and the informant.

This provision also applies to: (i) jailor in case of births in a jail, and (ii) manager of a hotel or lodge in case of births in such a place. Further, it expands the list of specified persons to include: (i) adoptive parents for non-institutional adoption, (ii) biological parents for births through surrogacy, and (iii) the parent in case of birth of a child to a single parent or unwed mother.

4. Connecting database: The Bill states that the national database may be made available to other authorities preparing or maintaining other databases. Such databases include: (i) population register, (ii) electoral rolls, (iii) ration card, and (iv) any other national databases as notified. The use of the national database must be approved by the central government. Similarly, the state database may be made available to authorities dealing with other state databases, subject to state government approval.

5. Use of birth certificate: The Bill requires the use of birth and death certificates to prove the date and place of birth for persons born on or after this Bill comes into effect. The information will be used for purposes including: (i) admission to an educational institution, (ii) preparation of voter lists, (iii) appointment to a government post, and (iv) any other purpose determined by the central government.

Performance

The Births and Deaths Registration (Amendment) Act, 2023 marks an important legislative achievement in India, showcasing considerable success during its initial implementation stage. Its main achievement stems from combining digital governance with conventional civil registration methods. The implementation of a centralized registry for births and deaths has enhanced service provision and minimized administrative obstacles. The digital birth certificate is lauded for its effectiveness as a single document serving various purposes—like education, voter registration, Aadhaar issuance, and job applications—streamlining administrative processes and enhancing citizen convenience.

The Act’s effectiveness has been enhanced by its inclusivity measures, including required registration of medical facilities and particular strategies for emergency or epidemic situations. This guarantees that even at-risk groups enjoy improved access to documentation and public services. Early reports indicate that the Act has favorably impacted transparency and efficiency in the provision of public services while also aiding wider national objectives such as Digital India.

Nonetheless, its sustained success will be assessed considering the effectiveness of its implementation, especially in rural and underserved regions, as well as its capacity to tackle issues like digital access and data protection.

Impact

1. Improved Accessibility and Service Delivery

The amendment allows birth certificates to be used as a single document for various essential services, such as school admissions, voter registration, and job applications. This simplification of administrative processes makes it easier for citizens to access important services and reduces delays in government functions. It enhances the efficiency of public service delivery and ensures that all individuals have the necessary documentation for accessing their rights.

2. Digital Governance and Data Transparency

The creation of a centralized database for births and deaths is a significant move towards digital governance. This database not only ensures more accurate demographic records but also improves transparency in public service delivery. It is expected to make it easier for the government to track vital statistics, which can help in better planning for social welfare and development programs. Additionally, it supports India’s broader push towards digitizing government processes.

3. Inclusivity and Public Welfare

The amendment also ensures that people in remote areas or those affected by disasters or epidemics can register births and deaths. This provision increases the reach of government services and reduces the chances of individuals being left out of the system. By making birth and death registration more accessible, the Act ensures that all citizens, especially marginalized groups, are included in the official records, which is essential for their access to social benefits

Emerging Issues

1. Privacy Concerns and the Right to Privacy
The creation of a national database linking birth and death records with other government databases, such as voter lists or Aadhaar, raises the risk of violating the Right to Privacy, as protected by the KS Puttaswamy case (2017). Without explicit consent, sharing personal data across platforms could lead to unauthorized access, heightening concerns about the misuse of sensitive information.

2. Challenges in Access and Inclusion
Without a birth certificate, citizens may face difficulties accessing services such as voting, education, and government jobs. Children displaced by disasters or who run away from home may struggle to verify their identity or age for school enrollment. These issues disproportionately affect marginalized communities, especially those in remote or rural areas.

3. Data Fragmentation and State-Level Variability
While the Act mandates the use of the Civil Registration System (CRS), some states have developed their own systems, leading to inconsistent data quality and accuracy. This lack of uniformity may hinder the effectiveness of the national database and complicate its use for policy-making and the delivery of public services.

4. Risk of Misuse and Surveillance
The centralized digital records could be misused to target certain populations, especially those who may not conform to mainstream societal norms or those from marginalized backgrounds. In regions where there is social unrest or discrimination, the easy accessibility of personal data might lead to unfair targeting or exclusion. This risk points to a growing concern about the potential for a surveillance state, where citizens’ personal information could be exploited for non-democratic purposes.

Conclusion

In conclusion, the Registration of Births and Deaths (Amendment) Act, 2023 has the potential to make services faster and more accessible for everyone. However, to ensure it truly benefits all citizens, it’s important to address concerns like privacy, fair access, and protecting personal data. A few steps can help improve its implementation. For instance, stronger data protection measures, such as secure systems and limited access, should be put in place to safeguard people’s information.

At the same time, public awareness campaigns can ensure that everyone, especially those in rural or marginalized communities, understands how to use the system. Clear grievance redressal mechanisms will allow citizens to fix issues like errors in their records or misuse of their data. Regular checks to ensure transparency and accountability will also go a long way in building trust. By focusing on these areas, the Act can truly serve its purpose and benefit all.