CHILDREN WITHOUT BIRTH CERTIFICATES

by K. Sila Dass

If children born in this country do not have birth certificates, it is indeed a shameful state of affair, for, those children will be denied education and eventually deprived of their right to lead a decent life as citizens of this country. And if they turn to crime who is to be blamed? If we look at the statutory provisions relating to births we can see that although they are strict they have been conveniently flouted. I said it is a shame because of the cavalier manner in the enforcement of the law in this regard.

Notwithstanding the fact that the law on the registration of every birth is very clear and it imposes a duty on the father or the mother of the child to give information concerning a birth of a child, it also imposes identical duty on the occupier of the house in which the child was to the knowledge of that occupier born, any person present at the birth, and any person having charge of the child. [See section 7(2) of the Births and Deaths Registration Act 1957 [BDA1957]

Apart from the persons qualified to give information of a birth the law imposes a duty on the Superintendent-Registrar and the Registrar of Births and Deaths to procure by all means in their power the best and more accurate information respecting any birth or still-birth or death which may have occurred within the registration area and to cause particulars of the same to be recorded, so far as is practicable [See section 28(1), BDA 1957].

Since the information of the births and deaths was considered to be of great importance, the legislature made it a duty of every police officer, penghulu and headman to obtain information of every birth within his respective area and also information respecting the lawful father and mother of every child in his area and the occupier of any house in which any birth may have taken place and give notice thereof to the Registrar. [See section 28(2) of the BDA 1957].

It must be added that the duty of the Superintendent Registrar and the Registrar as envisaged in Section 28(1) and the duty of every public officer penghulu and the headman as envisaged in Section 28(2) of the Act of 1957 are not limited to the information relating any birth but also includes the collecting and registering information as to any still birth or death that had occurred.

The most salient aspect of the duty of the police officer, penghulu and the headman is the penal provision which says that any one of them who has in his possession of any such information of birth, still-birth and death within the respective area who wilfully neglects or omits to disclose the same to the Registrar shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty ringgit (see section 28(3) of the BDA 1957).

The effect of section 25(2) of the Act of 1957 is that it is the duty of every police officer, penghulu and headman to collect [obtain] the information of every birth, still-birth and death within his respective area. By this the legislature had in mind that every birth must be recorded so that there will be sufficient protection of the child. Thus, if the information of a birth has not been collected (or obtained) as envisaged by section 28(2) it means the named officers have neglected their duty.

If there are children in the country without birth certificates thus depriving them the right to education and all the privileges attached to their citizenship right, it means those who have been statutorily required to perform a very essential duty have neglected to do so. It is the parents’ fault no doubt, but we must acknowledge the fact that parents in the category who have failed to register the birth of their child are illiterates and no one informed them of their responsibility. It might be said or could be said that there had been absolute neglect on the part of the authorities to inform or educate the parent – public the necessity to register every birth of their offspring. This is one factual situation that had been tormenting parents and their children without birth certificates. One might be prompted to say that ignorance of law is no excuse. If so, what about public officers who have neglected their statutory duty?

The law is very clear and it the duty of the Registrar of Births and Deaths to register the birth of every child without requiring the proof of the marriage of the parents. The Act of 1957 does not say that the Registrar of Births and Deaths should satisfy himself of the validity of the matrimonial status of the parents of the child that was born. The act of 1957 simply requires the registration of the birth of every child without having to look at the legitimacy or illegitimacy or the religion of the parents. I am told that there have had been instances when the Registrar of Births and Deaths has refused registration in the absence of the marriage certificate of the parents. They have not been able to identify the law under which this unreasonable demand is made. And because of this children are left with no birth certificates and their future doomed.

Now reverting to the position of the children without birth certificates, it has become a very serious problem, because these unfortunate children will be not be admitted to schools and no one seems to realize that in such a circumstance their future will be bleak. I have in fact pointed out this predicament faced by children without birth certificates in my articles in the Makkal Osai, a Tamil daily on 7 February 2006, and on 11 April 2006 respectively. I did write in the same paper (Makkal Osai) that a general amnesty be granted to these unfortunate children without birth certificates. I also suggested that a survey should be carried out in every state to ascertain the number of children who are without birth certificates. In case the parents are unable to confirm the date of birth of the child, the parents should be allowed to select a date of birth. Those children who were born in this country, it should be sufficient if family friends or those who have the information could give a certificate confirming the child’s birth. Those who have children in their care but have not been able to trace the biological parents should be allowed to choose a date of birth and have it registered.

It is a notorious fact that the children who are caught in this dilemma are mostly from the Indian community. As a transitional means the authorities will be doing a good service to the children who are in such predicament be allowed to be enrolled in schools first and let the process of registration of birth take its own time. The motive must be to save the children and give them a decent life with education. This must be approached with compassion and humane considerations.