Birth-Death Certificate Correction

Source: Karnataka High Court 

Why in News? 

The Karnataka High Court in Suhas L v. The Chief Registrar Births And Deaths & Others. (2025) established that civil courts cannot entertain suits seeking correction of entries in birth and death certificates, ruling that such matters fall exclusively within the domain of the Registrar under Section 15 of the Registration of Births and Deaths Act, 1969. 

What was the Background of Suhas L v. The Chief Registrar Case (2025)? 

• The appellant, Suhas L, instituted a suit seeking correction of his mother's name in her death certificate from "Smt. Latha B" to the correct name "Smt. Mallika B.V." 
• The plaintiff filed the suit against the Chief Registrar of Births and Deaths, Government of Karnataka, and other BBMP officials, seeking a declaration and direction for correction of the death certificate. 
• The trial court dismissed the suit on 1st October 2022, holding that the plaintiff failed to produce adequate evidence and examine competent official witnesses from the hospital. 
• The respondent-authorities raised a jurisdictional objection, contending that the civil court lacked jurisdiction in view of Section 9 of the Civil Procedure Code 1908 (CPC) and the statutory remedy available under Section 15 of the Registration of Births and Deaths Act, 1969. 
• Aggrieved by the dismissal, the plaintiff preferred Regular First Appeal No. 2454 of 2024 before the Karnataka High Court. 
• The case presented fundamental questions regarding civil court jurisdiction when specialized statutory remedies exist for administrative corrections. 

What were the Court's Observations 

Justice Sachin Shankar Magadum made several critical observations while dismissing the appeal: 

• On Exclusive Statutory Authority: Justice Magadum held that "Section 15 of the Registration of Births and Deaths Act, 1969 confers exclusive authority on the Registrar to carry out inquiries and effect corrections or cancellations of entries relating to births and deaths." 
• On Civil Court Jurisdiction Exclusion: The Court ruled that "the jurisdiction of Civil Courts under Section 9 of the Civil Procedure Code can be expressly or impliedly excluded by the Legislature by enacting a special law that provides for a specific remedy before a designated authority." 
• On Legislative Intent: Justice Magadum observed that "upon a plain reading of Section 15, it is manifest that the Legislature intended to oust the jurisdiction of Civil Courts in matters relating to correction of birth and death records, which are purely administrative in nature." 
• On Circuitous Legal Route: The Court criticized the approach, stating that "the plaintiff has unfortunately chosen a circuitous and time-consuming legal route, by filing a civil suit, instead of invoking the efficacious and summary remedy provided under the special statute." 
• On Registrar's Powers: The Court clarified that "the Registrar's powers are not confined to clerical or typographical errors but extend to substantive corrections as well, provided adequate evidence is produced." 

What is the Registration of Births and Deaths Act, 1969? 

About: 

• The Registration of Births and Deaths Act, 1969 is a comprehensive central legislation that mandates the registration of all births and deaths occurring in India and provides the legal framework for maintaining accurate vital statistics. 
• The Act was enacted to replace the earlier colonial-era legislation and create a uniform system of birth and death registration across the country, ensuring reliable demographic data for administrative and statistical purposes. 
• The legislation establishes a three-tier registration system consisting of Registrars at different levels - local, sub-district, and district - to ensure comprehensive coverage and proper maintenance of vital records. 
• The Act empowers state governments to frame rules for implementation, leading to state-specific registration rules like the Karnataka Registration of Births and Deaths Rules, 1999. 

Section 15 – Correction or Cancellation of Entry in the Register of Births and Deaths: 

• If the Registrar is satisfied that a birth or death entry in the register is erroneous (in form or substance) or has been fraudulently/improperly made, he may, following State Government rules, correct or cancel it. 
• The correction or cancellation must be made as a marginal note without altering the original entry, and the Registrar must sign it and mention the date of correction or cancellation. 

What is Section 9 of CPC? 

• Section 9 of CPC establishes the fundamental principle that civil courts have jurisdiction to try all suits of a civil nature unless their jurisdiction is expressly or impliedly barred. 
• The provision states: "The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred." 
• This creates a presumption in favor of civil court jurisdiction, but this presumption can be rebutted when special legislation provides alternative remedies and forums.