Rajasthan High Court Flags 'Menace' Of Fake Birth Certificates In Habeas Corpus Cases, Orders Steps To Prevent Illegal Issuance
The Rajasthan High Court has flagged the growing "menace" of forged and illegally issued birth certificates being produced in habeas corpus petitions to portray missing minor girls as majors, directing the State Government to ensure that such certificates are not issued without due verification of facts and in violation of statutory provisions.The division bench of Justice Mahendra Kumar...
The Rajasthan High Court has flagged the growing "menace" of forged and illegally issued birth certificates being produced in habeas corpus petitions to portray missing minor girls as majors, directing the State Government to ensure that such certificates are not issued without due verification of facts and in violation of statutory provisions.
The division bench of Justice Mahendra Kumar Goyal and Justice Chandra Shekhar Sharma directed the Chief Secretary, Government of Rajasthan, to issue necessary instructions to the authorities concerned not to issue birth certificates dehors the statutory provisions or in a casual manner without due verification. The Court also directed that appropriate disciplinary proceedings be initiated against erring officials.
"Recently, this Court has come across such habeas corpus petitions, with allegation of illegal detention of the minor girl(s), wherein, birth certificates are being produced, on behalf of the respondent(s), issued by the competent authority reflecting the missing girl to be major but, on inquiry, the same are found to have been issued in violation of the statutory provisions...
In the aforesaid factual context, to curb this menace in its bud, we direct the Chief Secretary, Government of Rajasthan to look into the matter and issue necessary instructions to the authorities concerned not to issue such birth certificates dehors the statutory provisions and in casual manner without due verification of the facts. He is also directed to ensure that appropriate disciplinary proceeding is carried out against the erring official(s). The learned GA-cum-AAG may provide a list of such cases to the Chief Secretary".
The Court observed that such conduct not only constitutes offences under the Bharatiya Nyaya Sanhita, 2023, but also amounts to interference with the administration of justice.
For context, the Court was hearing a habeas corpus petition filed by a mother of a girl who was contended to be a minor. On the other hand, it was asserted by the respondents that the girl was a major, and a birth certificate was submitted to back this claim.
Apprehensions regarding the genuineness of the birth certificate were expressed by the Court, post which the AAG was asked to submit a report regarding its validity. As per the status report, the birth certificate was found to be forged, fabricated, and issued in contrary to the statutory provisions.
In this background, the Court observed, “Recently, this Court has come across such habeas corpus petitions, with allegation of illegal detention of the minor girl(s), wherein, birth certificates are being produced, on behalf of the respondent(s), issued by the competent authority reflecting the missing girl to be major but, on inquiry, the same are found to have been issued in violation of the statutory provisions.”
Hence, to “curb this menace in its bud”, the Court made the aforementioned directions to the Chief Secretary, and also sought disciplinary proceedings against the erring officials.
The Court further took into account the fact that the FIR regarding the forged birth certificate, that was lodged based on the complaint by the petitioner, was not registered by the police despite repeated requests.
In this regard, the Court directed the District Superintendent of Police to file an affidavit defending initiation of contempt proceedings for non-registration of the FIR despite disclosure of a cognizable offence.
The matter is listed on August 11, 2026.
Title: Bhuri v State of Rajasthan