JUDGEMENT
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(1.) THE news published in the daily English newspaper 'Times of India' Dated 10th January, 2014 (Ranchi edition) reflects an issue of public importance with a far reaching consequences. The relevant extract of the said newspaper is as under:
"Only one on four newborns gets birth certificate"
"Only 25%, or 2 lakh, of the 8 lakh children born every year in the state have their birth registered, according to the latest annual health survey report. This is despite a 12% increase in registration in Jharkhand as against the previous period.
According to the Annual Health Survey, birth registration rate in the state increased from 46.4% in 2010 -11 to 58% in 2011 -12, which is much below the national level of 82%.
"Birth registration at national level of 82% compared to 58% in Jharkhand. As many as 15 states in the country have already achieved 100% birth registration and Jharkhand could also achieve this," said Ajay Khanna, deputy director, office of the Registrar General of India.
Unicef's state head Joh Zachariah suggested three steps to achieve 100% birth registration and certification. "First, anganwadi sevaks and sahiyyas should report all home births to gram panchayats within three weeks of birth.
Panchayat sevaks should register birth and provide certificates immediately to anganwadi sevika/ sahiya. Second, at government hospitals, medical officers in -charge should register births immediately and hand over certificates to parents before discharge. If this is not possible, certificates should be sent to parents by speed post."
"Third private hospitals, should report births of children in their institutions to panchayats, municipality or nagar nigams within three weeks of birth. At present this is often done by parents," added Zachariah.
There are about 5,000 birth registrars in the state, including panchayat sevaks in 4,400 gram panchayat, medical officers in 900 CHCs/PHCs/district/other hospitals and about 100 officials in urban local bodies.
Zachariah said Unicef will support the state government in developing a road map for achieving 100% registration and certification by end of 2016."
(2.) THE Registration of Births and Deaths Act, 1969, mandates and empowers all States to record the births and deaths in the country as a never -ending process. Since 1969, it is compulsory to register all births and deaths under the provisions of the Act.
(3.) THE salient features of the Act, inter alia, provide for:
Uniform law across the country on the registration of births and deaths.
Compulsory reporting and registration of all births and deaths.
Implementation of the Act is the responsibility of the State Governments.
The Hon'ble Apex Court considering the pros and cons of the implementation of Statute in the case of Committee For Legal Aid To Poor Versus Union of India and Others, 2011 2 SCC 797 took into consideration the fact that "India is a signatory to UN Convention on the Rights of the Child, 1989 which states in Article 7 that the "the child shall be registered immediately after birth".
Similarly, the National Population Policy, 2000 has set a goal of achieving 100% registration of births by 2010."
Further, under the circumstances of the case, the Apex Court issued following directions: -
"We direct
1. The States/Union Territories to appoint full -time Chief Registrars.
2. The States/Union Territories will submit their reports annually, as required under the provisions of the 1969 Act.
3. The States/Union Territories are directed to notify all panchayats and institutional delivery centres such as hospitals, nursing homes, CHCs, PHCs and others as local registration centres under Section 7(1) of the Act.
4. The States/Union Territories are directed to notify ASHAs, aanganwadi workers, dai's and headmasters of government schools under Section 10 of the 1969 Act.
5. The States/Union Territories are directed to switch over to the uniform format for birth certificates, as suggested by the Registrar General with national emblem on the said certificates.";
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