Excelsior Correspondent
JAMMU, June 1: The Office of the Chief Registrar, Births & Deaths in Jammu & Kashmir, has responded to concerns raised by the public and registrars regarding delayed registration of births and deaths.
In order to address the issue and facilitate easier registration for citizens, especially in remote areas, the government has taken necessary steps.
Previously, there was a requirement under Section 13(3) of the Registration of Births and Deaths Act, 1969, that births or deaths not registered within one year of occurrence could only be registered upon an order from a Magistrate of 1st Class (Executive). However, this posed challenges due to limited accessibility to Executive Magistrates in far-flung areas.
To resolve this issue, the government sought clarification from the Department of Law, Justice, and Parliamentary Affairs regarding an amendment to Section 9(3) of the Jammu & Kashmir Registration of Births & Deaths Rules, 2022.
The proposed amendment aimed to allow delayed registration of births or deaths beyond one year of occurrence on the order of a Magistrate of 1st Class (Executive Magistrate) who are more accessible to the general public.
In response, the Department of Law, Justice, and Parliamentary Affairs clarified that Rule 9(3) of the Jammu & Kashmir Registration of Births & Deaths Rules, 2022 aligns with Section 13(3) of the Registration of Births and Deaths Act, 1969.
It emphasized that delayed registration can only be authorized by a Magistrate of the first class or a Presidency Magistrate, which, as per the provisions of the Code of Criminal Procedure, 1973, would imply a Judicial Magistrate First Class or Metropolitan Magistrate.
Since the Registration of Births and Deaths Act, 1969 is a central legislation, any amendment granting Executive Magistrates (Tehsildar) the authority to approve delayed registrations would require action by the Central Government.
Therefore, all Registration Authorities in Jammu & Kashmir, as per the Planning, Development, and Monitoring Department’s notification of the Registration of Births and Deaths Rules, 2022, have been advised to adhere to the opinion of the Department of Law.
“Delayed registrations of births and deaths beyond one year of occurrence should only be authorized by a Judicial Magistrate First Class or Metropolitan Magistrate,” read a circular issued by the Directorate of Economics and Statistics to clear the air around the issue.
“By taking this step, the government aims to address concerns regarding delayed registration and ensure a streamlined process for registering births and deaths while upholding the provisions of the central legislation governing the matter,” the circular further read.
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