Shymol A.C. vs Kottuvally Grama Panchayat and The Registrar of Birth and Death

P.N. Ravindran, J.—The Petitioner has filed this writ petition aggrieved byExt.P8 order passed by the second Respondent declining to change her name from Shanimol C. to Shymol A.C. in the Register of Births. The Petitioner was born on 22.9.1981. Her birth was registered upon intimation being furnished from Government Hospital, Koonammavu where she was born. Initially, the name of the Petitioner was not entered in the Register of Births. Later, on an application made by her parents, the name of the Petitioner was entered as Shanimol C. in the Register of Births. However, when the Petitioner was admitted to the St. Joseph''s Government High School, Koonammavu, her name was given as Shymol A.C. The said name was adopted for all purposes a scan be seen from Ext.P3 Electoral Identity Card and Ext.P4 Passport.

It is stated that the Petitioner''s husband is employed in Italy and she wants to emigrate to Italy. For emigrating to Italy, she has to produce the certified extract from the Register of Births to enable her to get a Visa. When she took steps to get a certified extract from the Register of Births, she noticed that her name is entered as Shanimol C in the Register of Births. The Petitioner thereupon submitted an application before the second Respondent, requesting for correction of her name in the Register of Births. That application was rejected by Ext.P8order dated 6.8.2010 on the ground that as her name was entered in the Register as Shanimol. C., in exercise of the power conferred on the Registrar u/s 14 of the Registration of Births and Deaths Act, 1969 at the instance of her parents, her name cannot be altered. The Petitioner contends that the Registrar of Births and Deaths has failed to exercise the power vested on him u/s 15 of the Registration of Births and Deaths Act 1969 and Rule 12 of the Registration of Births and Deaths Rules, 1970, by rejecting her application for correction of her name.

The Respondent has filed a counter affidavit. Relying on a circular issued by the Chief Registrar of Births and Deaths it is contended that the Petitioner''s request for correction of name was impermissible. It is now well settled by a series of decisions of this Court including the decision of a Division Bench of this Court in The Chalakkudy Municipality and Another Vs. Malavika and Another, that the Registrar of Births and Deaths is empowered to correct wrong entries in the Register of Births. The Division Bench after noticing the provisions of the Act and the Rules, held as follows:

The law does not contemplate a person to have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding the date, place etc. in the register of birth or death. It is also to be noted that the Registration of Births and Deaths Act, 1969 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction earlier in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction.

Rule 12(4) of the Registration of Births and Deaths Rules, 1970, states that if any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed u/s 15 upon production by that person a declaration setting forth the nature of the error and the true facts of the case made by two credible persons having knowledge of the facts of the case. It is true that the original entry cannot be deleted. All that the Registrar can do is to make a suitable entry in the margin without any alteration of the original entry if he is satisfied that the entry sought to be corrected is erroneous in form or substance. In such circumstances, as the Petitioner asserts that her name is Shymol A.C. and not Shanimol. C, I am of the opinion that the second Respondent ought to have directed her to produce a declaration from her parents to that effect and take necessary steps to correct the entry regarding the name of the Petitioner in the Register of Births and Deaths.

I accordingly allow the writ petition, quash Ext.P8 and direct that in the event of the Petitioner submitting a declaration from her parents in the form of an affidavit attested by a notary, to the effect that her name is Shymol A.C. and not Shanimol. C, the first Respondent shall cause necessary entries to be made in the Register of Births and Deaths to the effect that the name of the Petitioner stands corrected as Shymol A.C. and thereafter issue a certified extract from the corrected Register of Births to the Petitioner. The entire exercise shall be completed within a period of one month from the date on which the Petitioner submits the declaration.