
India's proposed bill would require a judicial magistrate's order for birth and death registrations delayed beyond two years, shifting scrutiny from executive to judiciary.
A bill introduced in the Lok Sabha on Wednesday would require a judicial magistrate's order for births and deaths reported more than two years after the event, tightening the existing system that relies on local administrators. The Registration of Births and Deaths (Amendment) Bill, 2026, amends Section 13(3) of the 1969 Act, which was itself amended in 2023.
Under current law, a registration delayed by more than a year requires an order from a District Magistrate, Sub-divisional Magistrate, or an Executive Magistrate. The proposed change keeps that process for delays of one to two years. For delays beyond two years, the bill shifts authority to a first-class judicial magistrate.
That move from the executive to the judiciary, the bill's text shows, is meant to "make provisions of delayed registrations more stringent" and "encourage timely reporting of event of birth and death," according to the Deccan Herald's report on the bill.
Minister of State for Home Nityanand Rai introduced the bill after Speaker Om Birla called for opposition members to oppose the introduction. None did. The Union Cabinet had cleared the bill for introduction on July 20.
Opposition members protested the bill's introduction, demanding Prime Minister Narendra Modi and Home Minister Amit Shah be present for a debate on a separate anti-paper leak bill, The Hindu reported. Rai introduced the birth and death bill anyway.
The 1969 Act made birth and death registration mandatory. The certificate issued under the act serves as a legal identity document, required to prove a person's birth or death. The 2023 amendment took effect in October of that year.
The new bill, if passed, would add a layer of judicial scrutiny that could make late registrations more time-consuming and expensive for applicants. In a country where millions of births go unregistered for years, particularly in rural areas, the requirement for a court order could create a backlog in the judicial system. The bill's proponents argue that the stricter rules will drive timely registration, reducing the need for late registrations altogether. Opponents may argue that the change penalizes the poor, who often lack access to the mechanisms needed to register births on time.
No date has been set for a floor vote on the bill.
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