The Gaps in the Births and Death Registration (Amendment) Act

Context: 

Recently, the Registration of Births and Deaths (Amendment) Bill, 2023 has been passed by Parliament and has got the assent of the President of India.

• Amendment for the First Time: The Registration of Births and Deaths (RBD) Act, 1969 provides for compulsory registration of births and deaths under a uniform law across India. 

Provisions of the Bill:

• National Database: Compulsory for the Registrar General of India to maintain a national level database of births and deaths.
• State-level Database: The Chief Registrar of births and deaths in every State will maintain the database using the portal approved by the Registrar General of India.
• At Birth: In the case of birth, it provides for collecting the Aadhaar number of the parents. 
• At Death: A cause of death certificate be sent to the Registrar of Births and Deaths and a copy of the certificate should be provided to the closest relative.

Significance of the Database: 

• It will provide information to update the National Population Register, the Aadhaar database, electoral rolls, ration card, passport, and other databases at the national level, as may be notified.

Concerning Issues with the Bill:

• Missing Deceased: Nothing is mentioned about the Aadhaar number of the deceased. 
• Amendments Required by the  Notified Database Accessing Authorities: If they require access to information from this database, it requires amendment in the laws.
• Undermining Parliament’s Supremacy: Listing a few databases for consideration by Parliament and leaving future additions to the government is undermining the supremacy of Parliament.

Associated Issues with the Provision related to Medical Practitioners:

• Diagnosis: The attending medical practitioner might not always have arrived at a definite diagnosis before the person’s passing.
• Standard Classification: The forms used for mentioning the cause of death are in conformity with the World Health Organization recommendations while the AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha, Sowa Rigpa and Homoeopathy) systems of medicine are non-classifiable under the International Classification of Diseases.
• Issue of Death Certificate in the Absence of Practitioner: If a person undergoing treatment dies from an entirely different cause outside of a medical facility in the absence of the attending medical practitioner, then how can the practitioner be expected to issue a certificate of cause of death in such cases.
• Contradictory Provision: While the bill requires to furnish death cause to the deceased’s relative, Section 17 of the Act prohibits the inclusion of the cause of death in any certificate issued under the Act.
• Only Certificate of Proof: Only the birth certificate would be accepted as proof of date and place of birth for many purposes. 
• A Long Presumed Death: Under natural calamities or accidents, the families of missing persons would have to wait for seven years to request for a certificate that says ‘presumed dead’. 

Conclusion:

Like a coin, this bill also has its two faces. While having some good inclusions, it is having various concerning issues that need to be tackled as soon as possible to maintain the trust, transparency and efficiency of the system.

News Source: The Hindu