Allowed

Nashrin Khatun v. the Govt. of NCT of Delhi & Ors.

Delhi HC6 Nov 2017W.P.(C)/632/2017

Case brief

AI extract

What is this about?

Public interest writ petition regarding difficulties in obtaining birth certificates for residents of specific settlements. Court directed publicity of registration procedures and extended the order to other municipal corporations.

What did the court decide?

Direction to publicize birth/death registration procedures; directions extended to South and North Delhi Municipal Corporations and New Delhi Municipal Council.

Nashrin Khatun Vs the Govt. of NCT of Delhi & Ors. — RTI and Transparency | Delhi HC (2017)

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$~8

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C)No.632/2017

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% Date of decision : 6^th November, 2017 NASHRIN KHATUN ..... Petitioner Through : Ms. Sija Nair Pal, Adv.

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versus

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THE GOVT. OF NCT OF DELHI & ORS ..... Respondents

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Through : Mr. Satyakam, ASC for GNCTD with Mr. Akshay Agarwal, Adv. Mr. Sanjoy Ghose, ASC, GNCTD with Mr. Rhishabh Jetley, Adv. Mr. G.D. Mishra, Standing Counsel for R-3/EDMC and SDMC.

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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JUDGMENT (ORAL)

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GITA MITTAL, ACTING CHIEF JUSTICE

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By this writ petition, filed in public interest, a grievance was raised by the writ petitioner relating to difficulties in obtaining birth certificates of the children of residents of the settlements at Shakur Basti, Yamuna Khadar, Chilla Khadar and Kalyanpuri.

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W.P.(C)No.632/2017 Page 1 of 5

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The petitioner had inter alia prayed for a direction to the respondents to start a single window operating system for quick issuance of birth certificates from a single office so that the marginalised people get birth certificates issued in an easy manner. Certain consequential directions were also prayed in this regard.

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We have considered this writ petition on several dates. On 25^th July, 2017, we had extracted the following averments made in the counter affidavit filed by the MCD on 8^th May, 2017 :

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“1. The MCD has filed a counter affidavit (at page 121) inter alia stating as follows:

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(i) All empanelled hospitals are authorized to upload the birth/death events of their hospitals in the data base of the EDMC website through their allotted designated login and password.

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(ii) It is submitted that the copy of the discharge slip of the hospital having the information of the date of birth and name of the parents of the child is sufficient to identify the registered events in the EDMC data base. The petitioner or parent of any of the cases mentioned in the writ petition, whose child birth have taken place in the Lal Bahadur Shastri Hospital, MCD Hospital in the jurisdiction of the Shahdara (South) Zone, EDMC, can approach the Citizen Service Bureau, Shahdara Zone (South) EDMC near Karakardooma Courts, Delhi, with copy of the discharge slip of the hospital so that birth certificates can be issued from the Citizen Service Bureau of the Shahdara (South) Zone, EDMC.”

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We were informed by Ms. Sija Nair Pal, learned counsel for the petitioner that common persons, residing in the area, were unaware of

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W.P.(C)No.632/2017 Page 2 of 5

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the procedure available or required to be followed for applying and/or obtaining birth certificates and a request was made that the Municipal Corporation be directed to publicise the same.

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In view thereof, we had directed the respondents to place on affidavit the manner in which publicity was to be given regarding availability of the procedure for registration and to obtain birth/death certificate.

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Pursuant to these directions, an affidavit dated 3^rd November, 2017 sworn by Dr. Somashekhar, presently posted as Deputy Health Officer, Shahdara (South) Zone, EDMC, Karkardooma Courts, Delhi has been filed wherein the following steps about the availability of facilities for registration of birth/death certificate have been disclosed :

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“(i) Decentralization of the birth and death registration centres: Apart from the existing two citizens service bureaus in the zonal offices of the Shahdara North and Shahdara South zones, one each has been made functional in the premises of the Bhama Shah Prasuthi Kendra, Kichiripur in Shahdara South and the other in the premises of the Virsavarkar Aroghya Sansthan hospital in Karawal nagar, Shahdara North zone.

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(ii) That in order to avert unnecessary queue in the Citizen Service bureaus and facilitate in verifying and collecting print of the birth/death registration certificates at home or cyber cafes, the birth and death events registered since 2004 are available in the public domain of the EDMC website. Based on the registration no. or by entering name of the person, father’s name and mother’s name (first three letters of the name) along with date of birth/death one can verify and subsequently one can get PDF format of the certificate from which certificate can be printed.

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W.P.(C)No.632/2017 Page 3 of 5

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(iii) That for the purpose of giving wide publicity on the birth and death registration through outdoor campaign, 70 bill boards/hoardings of the size of 6’ X 3’ have been displayed in the jurisdiction of EDMC.

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(iv) It is further submitted that during the year 2015, for providing inter person communication through handbills with information on the procedure for registration of birth/death, approx. one lakh handbills were distributed to the general public.

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(v) It is further submitted that display boards (200 nos.) containing information on birth and death registration have also been displayed in the Citizen service bureaus, government hospitals and private empanelled hospitals.”

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Additionally, the respondents had given an undertaking that it follows all guidelines issued by the Registrar General for Civil Registration Systems.

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We are positive that the respondents shall ensure that the above steps which have been placed before this court shall be promptly and efficiently undertaken so that no difficulty is caused to the public at large.

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Given the nature of issues which have been raised and stand addressed by the East Delhi Municipal Corporation as noted above, we are of the view that every Municipal Corporations concerned with the registration of birth and death deserves to undertake similar steps.

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In view thereof, let a copy of this order be served by the Registry upon the South Delhi Municipal Corporation and the North Delhi Municipal Corporation as well as the New Delhi Municipal Council through their Chairpersons who shall also take all steps as are

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W.P.(C)No.632/2017 Page 4 of 5

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essential for notifying the public at large about the available facilities regarding registration of births and deaths.

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Mr. G.D. Mishra, Standing Counsel for SDMC as well shall also inform the South Delhi Municipal Corporation and Mr. Ajjay Aroraa, Standing Counsel, NDMC, who is present in this court, shall inform the North Delhi Municipal Corporation to ensure that our orders are complied with.

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This petition is allowed in the above terms.

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Dasti under signatures of the Court Master.

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ACTING CHIEF JUSTICE

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C.HARI SHANKAR, J

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NOVEMBER 06, 2017/ kr

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W.P.(C)No.632/2017 Page 5 of 5

Nashrin Khatun v. the Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Nashrin Khatun v. the Govt. of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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