Date : 18/08/2023

Relevance – GS Paper 2 – Government Policies and interventions

Keywords – RBD Act, Database, Electoral rolls, Aadhar, NPR

Context –

The Registration of Births and Deaths (RBD) Act, 1969, stands as a cornerstone of India's legal framework, mandating the compulsory registration of births and deaths under a uniform law across the nation. Over the course of its implementation, operational experiences have unveiled the imperative need for amendments to address evolving challenges and modernize administrative processes. Responding to these critical demands, the Registration of Births and Deaths (Amendment) Bill, 2023, has triumphantly passed through the hallowed halls of Parliament and garnered the decisive assent of the President of India. This watershed moment not only underscores the dynamic nature of legislative evolution but also resonates as a powerful symbol of India's resolute commitment to aligning itself with contemporary needs.

Pivotal Objective: Database Creation

At the heart of the proposed amendments lies a pivotal and visionary objective: the establishment of a robust National and State-level database of registered births and deaths. The 'Statement of Objects and Reasons' intricately woven into the Amendment Bill succinctly articulates this pivotal goal, underscoring the indispensability of such a database in effectively updating and synchronizing other essential national databases. The envisioned outcome is a harmonized and efficient delivery of public services and social benefits, thereby galvanizing the administrative machinery to serve citizens better and more seamlessly.

Recognizing the Need for Amendments

The proposition to amend the RBD Act, 1969, is grounded in a pragmatic and sagacious recognition of its operational limitations and the pressing need for enhancements. This recognition is visibly embedded in the Registration of Births and Deaths (Amendment) Bill, 2023, which has traversed the intricate legislative pathway, engaging in rigorous parliamentary discourse and finally gaining the stamp of presidential approval. This conscientious legislative endeavor epitomizes the government's proactive response to the ever-evolving societal dynamics and the essential administrative apparatus.

Compulsory Database Creation: Transforming the Administrative Landscape

A fundamental and transformative tenet of the Amendment Bill mandates the compulsory and comprehensive creation of databases at both the national and state levels. The mantle of responsibility for maintaining an expansive national-level database of births and deaths rests squarely upon the Registrar General of India. Simultaneously, Chief Registrars of births and deaths in each state are cast in the pivotal role of establishing and nurturing state-level databases, intricately woven in accordance with the meticulous guidelines meticulously laid down by the Registrar General. These databases are intrinsic and instrumental to the meticulous and seamless updating of an array of vital national databases, which encompass the National Population Register, Aadhaar, electoral rolls, ration cards, and passports.

Unaddressed Gap: Deceased Individuals' Data

While the Amendment Bill keenly focuses on the meticulous collection of Aadhaar numbers of parents during the birth registration process, a conspicuous and palpable void exists concerning the collection of Aadhaar numbers of deceased individuals. This critical information gap poses a substantive challenge in the labyrinthine process of expeditiously removing the names of deceased individuals from diverse databases. This lacuna threatens the very bedrock of the overarching objective of ensuring an efficacious and transparent public service delivery mechanism.

Central vs. State Databases: A Deliberative Discourse

The debate surrounding the need for both central and state-level databases for births and deaths remains not only pertinent but also reflective of a broader deliberative discourse. With the primary mantle of registration being entrusted to the hallowed precincts of State governments and the Registrar General of India adroitly shouldering the mantle of a coordinator and unifier, fundamental questions are conjured regarding the necessity and utility of a centralized database. An innovative and dynamic alternative envisages the real-time and seamless transfer of data from state-level databases to pertinent national-level databases, thereby potentially circumventing the essentiality of an independent national-level repository.

Information Sharing and Legislative Dynamics

Efficaciously facilitating the sharing of birth and death data across divergent databases mandates a judicious and calibrated legislative recalibration. While the RBD Act mandates an enabling provision for the unhindered sharing of data, it concurrently gives rise to apprehensions concerning the inadvertent erosion of the hallowed sanctity of Parliament's role. Striking an equitable and delicate balance between facilitating efficient data sharing and robustly safeguarding the authoritative and integral role of Parliament is a quintessential facet that demands thoughtful deliberation within the overarching amendment process.

Challenges in Cause of Death Certificates

The newly introduced amendments unequivocally mandate the compulsive inclusion of cause of death certificates for individuals who transcend from the mortal realm within the precincts of medical institutions. However, this seemingly straightforward requirement cascades into an intricate labyrinth of challenges and complexities. These challenges encompass the inherent uncertainty in the realm of accurate diagnoses preceding death, the inherent compatibility conundrums embedded within diagnoses proffered by non-allopathic medical practitioners, and the intricacies that ensue when deaths unfurl outside the cocooned precincts of formal medical facilities.

Birth and Death Certificates as Sole Proof

The resonance and resonance of the Amendment Bill accentuates and amplifies the irreplaceable role of birth certificates as the primary bulwark of evidence relating to the chronological and geographical coordinates of one's birth. This profound role extends to a diverse spectrum of purposes, ranging from facilitating school admissions to lubricating the procedural contours of passport issuance and the conferring of the Aadhaar number. Nonetheless, the pragmatic and efficient realization of this objective may be achieved through a strategic recalibration of pertinent rules rather than a direct modulation of the Act itself. An illustrative testament to this adaptive approach is vividly exemplified through the strategic decision to eliminate birth certificate prerequisites for passport applications in the watershed year of 2016.

Addressing Missing Persons in Calamities

The heart-wrenching narratives of natural disasters or unforeseen accidents unravel a recurrent tapestry of individuals lost to the maelstrom of chaos. In the aftermath of these tragic events, a vexing conundrum emerges, wherein individuals remain missing, and search efforts are eventually tapered. However, the families of these missing individuals remain ensnared in a ceaseless wait, burdened by a mandated seven-year hiatus before accessing a certificate symbolizing a 'presumed death.' A compassionate and pragmatic solution envisages a dedicated Act provision for expeditiously registering a 'presumed death' grounded in reasonable assumptions. This judicious provision could potentially truncate the waiting period, thereby offering a modicum of solace to grieving families entrapped in the throes of uncertainty.

Conclusion

The legislative voyage undertaken to amend the RBD Act,1969, stands as an eloquent testament to India's proactive and forward-looking approach toward the multifaceted tapestry of modernizing administrative processes. The proposed amendments adroitly address the complex tapestry of challenges and intricacies that characterize the present epoch, all while unwaveringly upholding the foundational objectives of the Act. As this profound metamorphosis inexorably unfolds, India's birth and death registration system strides resolutely toward a future characterized by enhanced seamlessness, resourcefulness, and adaptability. The canvas of the Registration of Births and Deaths Act, 1969, continues to evolve as an emblem of India's resolute commitment to embracing contemporary needs and aspirations, acting as a living testament to the unceasing evolution of a nation's legal architecture.

Source – The Hindu