The Hindu Editorial Analysis- 18th August 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Gaps in Births and Deaths Registration (Amendment) Act

Why in News?

The Lok Sabha has recently approved the Registration of Births and Deaths (Amendment) Bill, 2023, which introduces a significant shift towards digital birth certificates.

• These certificates are poised to serve as a comprehensive document for a multitude of purposes, ranging from educational admissions to government applications.

What is Registration of Birth and Death Act 1890?

• It is an Act to provide for the regulation of registration of births and deaths and for matters connected therewith.
• Aim - To promote uniformity and comparability in the registration of Births and Deaths across the country
• Power-It made registration of birth and death mandatory with the power to the State government.
• Hierarchy

• Registration- Births, stillbirths and deaths are to be registered within 21 days of occurrence.
• Penalty- Violating the provisions is a punishable offence, incurring a fine of Rs 5.
• Individual database- The States and Union Territories has to maintain individual databases on the Civil Registration System.
• It comes under the operational control of the Registrar General of India (RGI).
• Increased registration- There has been increase in the registration due to population growth, awareness, and interconnected welfare services.
  • Example- To obtain Aadhaar card, birth certificate is required.

What is the Registration of Births and Deaths (Amendment) Bill, 2023?

• About:
  • The Registration of Births and Deaths (Amendment) Bill, 2023 seeks to amend the Registration of Births and Deaths Act,1969.
  • The Registration of Births and Deaths Act, 1969 provides for the regulation and registration of births and deaths. The registration of births and deaths falls under the Concurrent List, giving powers to both Parliament and state legislatures to make laws on the subject.
• Key Features:
  • Digital Birth Certificates: The bill introduces the concept of digital birth certificates, intended to serve as a comprehensive document for multiple purposes, reducing the need for multiple documents to prove birth details.
  • Aadhaar Details: The Bill proposes linking Aadhaar details of parents and informants to birth certificates.
    • Expands the scope of Aadhaar inclusion to various reporting authorities, including medical officers, jailors, and managers of institutions.
  • Centralized Database: A centralized database will be established to manage birth and death records, facilitating efficient service delivery and maintaining accurate and up-to-date information.
    • Apart from birth certificates, the centralized database will also update the National Population Register (NPR), ration cards, and property registrations.
    • The Bill proposes to make it obligatory for States to register births and deaths on the Centre’s Civil Registration System (CRS) portal, and to share the data with the Registrar General of India which functions under the Union Home Ministry.
• Benefits:
  • The centralized database is expected to enhance administrative efficiency by providing a reliable and unified source of information.
  • Citizens will experience streamlined access to various services such as educational admissions, government jobs, passports, and more, using a single digital birth certificate.
  • The bill aligns with India's digital transformation efforts, reflecting a commitment to modernize administrative processes for improved citizen services.
• Concerns:
  • The Bill's provisions may potentially conflict with constitutional rights, such as the right to education and the right to privacy.
  • Denying admission to schools based on the absence of birth certificates could infringe upon the fundamental right to education.
  • The bill has sparked a debate about striking a balance between leveraging technology for administrative efficiency and safeguarding citizen’s right to privacy.
  • The bill has faced opposition on grounds of transparency, with critics questioning the government's approach to data collection and usage.
  • Critics also argue that digital birth certificates may inadvertently exclude individuals who lack access to digital platforms, creating potential disparities in accessing services.
  • The Bill's requirements may not align with provisions of the Juvenile Justice Act, 2015, and other relevant legislations.