In a significant ruling, the Kerala High Court directed the Mayyanad Grama Panchayat to register the birth of a two-year-old child, despite the absence of hospital documentation. This decision sheds light on the importance of recognizing alternative evidence in birth registration cases, ensuring families are not unfairly denied their rights due to procedural limitations.
The family, hailing from Kollam, faced rejection of their application by the panchayat, which cited insufficient evidence following an inquiry by the local Community Health Centre (CHC). The child had been born unexpectedly at a relative’s house, leaving no opportunity for hospital records to be generated.
Justice Ziyad Rahman AA emphasized that the absence of medical records cannot serve as a definitive barrier to birth registration. Highlighting the affidavits submitted by family members and witnesses, the Court underscored their reliability in establishing the child’s birth. “Strict evidence should not be insisted upon in such cases, especially when the claim does not impact third-party rights,” the Court stated.
The judgment criticized the panchayat for relying solely on the CHC report while disregarding the affidavits presented. It called for a more comprehensive inquiry, as mandated by the Registration of Births and Deaths Act, 1969, and its accompanying rules. The Court noted that in such scenarios, a lenient and fair approach is essential to uphold the principles of equality and justice enshrined in the Constitution.
Directing the Mayyanad Panchayat to reconsider the application, the Court instructed it to register the child’s birth and issue a certificate upon receiving the required affidavits. The entire process was ordered to be completed within a month.
This ruling reaffirms the need for flexibility and thoroughness in administrative procedures, ensuring that no child’s identity or rights are compromised due to bureaucratic hurdles.