'Dishonesty At All Levels': Why Allahabad High Court Prima Facie Termed UP's Birth Certificate System 'A Mess'?

The Allahabad High Court recently came down heavily on the state's birth certificate issuance system after discovering that a petitioner had procured two different birth certificates showing entirely different dates of birth. Observing that the system reveals the "extent of dishonesty existing at all levels", a bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta summoned the Principal Secretary, Department of Medical and Health to suggest steps so that only one birth certificate is ever issued to a person. "Prima facie, it's a mess. It appears that anyone at any point of time can get a date of birth certificate issued with whichever date they want from wherever in the State. In one way, this shows the extent of dishonesty existing at all levels, and how easy it is to get these documents made which can be used as strong prima facie evidence of the facts stated therein, even for criminal prosecution", the bench remarked in an order passed on November 18. The matter came to light during the hearing of a writ petition filed by one Shivanki. Briefly put, pursuant to the HC's order, the Deputy Director, UIDAI Regional Office Lucknow, filed certain documents concerning the petitioner, including two separate birth certificates, both issued by the Registrar of Births and Deaths, but from two different places. The Court noted that the first certificate, issued from the Primary Health Center at Manauta, recorded the petitioner's date of birth as December 10, 2007. However, a second certificate issued from the Gram Panchayat at Har Singhpur, showed a completely different date of birth: January 1, 2005. Expressing deep dissatisfaction with the state of affairs, the court said that the case reveals as to "how easy it is to get these documents made". The Court also warned that such documents can be used as strong prima facie evidence of the facts stated therein, even for criminal prosecutions. Therefore, to clarify the situation, the High Court directed the Principal Secretary, Department of Medical and Health, the department in-charge of issuing these certificates (now impleaded as respondent no. 4) to file a detailed affidavit. The Principal Secretary has been asked to give an "explanation regarding the state of affairs existing in his department, specifically in relation to the issuance of birth certificates". The bench has also sought the details of the steps or provisions existing to ensure that no fraudulent certificates can be issued by the department. "If the system is broken, he shall also suggest what steps the department proposes to take forthwith to rectify this anomaly existing in the system and ensure that only one birth certificate is ever issued", the order further directs. The Court has now posted the matter for hearing as fresh on December 10.Case title - Shivanki vs. Union Of India And 2 OthersClick Here To Read/Download Order

'Dishonesty At All Levels': Why Allahabad High Court Prima Facie Termed UP's Birth Certificate System 'A Mess'?

Sparsh Upadhyay

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