Birth Registration Background

By Arun Serrao and Sujatha B.R. Prepared on Date: 23-Oct-2004

Community Development Foundation, Bangalore

BIRTH REGISTRATION

A Background Note

CONTENTS

1 Introduction.............................................................................................................1

2 Birth Registration – A RIGHT OF EVERY CHILD. ...............................................3

3 Birth Registration In India.......................................................................................8

4 Birth registration in Karnataka............................................................................... 11

5 Initiatives to Improve Birth Registration................................................................ 15

6 Barriers to Registration And Utilization of Certificates.......................................... 17

7 Observations ......................................................................................................... 19

1

BIRTH REGISTRATION

A Background Note

� ��

India is a signatory to the United Nations Convention on the Rights of the Child, 1989.

Yet, we hold the dubious distinction of having the largest number of unregistered

children in the world. Birth Registration is considered as the first step in providing an

identity to the child both as an individual and as a member of the society as the birth

register is the first legal document in which the name of the child gets entered along with

the parentage.

It is the right of every child born in the country to have its birth registered and provided

with a birth certificate free of charge. It is the duty of every state to make birth

registration accessible and available to all.

The Government of India in all its earnestness has framed an Act known as

Registration of Birth and Deaths Act, 1969 and set up institutions in all the states to

record the births and deaths in the country. It is compulsory to register all birth and death

under the provisions of Act. Although more than 35 years have passed since the

enactment of the legislation, the level of birth registration is not satisfactory, with large

interstate variations. About 38,000 out of the estimated 70,000 births that occur in the

country everyday are registered (eCensusIndia, Issue 18:2003, Page 1). Of these, only

a small percentage, have birth certificates. There is an urgent need to develop effective

strategies towards universal registration and improve service delivery of the birth

certificates.

Is it not odd that majority of children in rural government schools have birth dates in May,

June or July? But it is true; because parents are not aware when the child was born nor

are the children aware of their birthday, neither is the teacher keen enough to know what

is the date of birth. To suit the enrollment in schools, some date is given and that

becomes the official date of birth.

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The numbers of Provisional Data from India Census 2001, on the declining child sex

ratio show another alarming trend, clearly suggestive of the prevalence of the inhuman

practice of female foetocide. The last decade (1991-2001) has seen the sharpest decline

– slipping to 927 from the figure of 976 in 1961. This mass slaughter of the girl child-

both feoticide and infanticide needs to be stopped. This can only be done through a

periodic monitoring system based on reliable data on sex ratio at birth at every district

and sub-district level. Registration of all births is an absolute necessity to enable

monitoring the birth of girl children and to take necessary and timely corrective action.

Complete, timely and accurate registration of birth and death events is crucial for

understanding population dynamics and planning effective development programs. Poor

record of birth registration hinders building a vision for the nation and curtails the

planning process for overall development. Availability of data supports numerous

stakeholders in building comprehensive planning at various stages of progress. It helps

the Government/ NGOs/ Panchayat Raj Institutions and Public at large.

A complete birth and death registration system is the only way to generate reliable

information on various demographic indicators like Birth and Death Rates, Infant

Mortality Rate, Maternal Mortality rate, Child Sex Ratio, at district and sub-district level.

Data are required for formulating, implementing and monitoring various programmes

relating to health of the mother and child including immunization and nutrition and

universal education for children.

�Article – 7; 1989 United Nations Convention on the Rights of the Child (CRC)

“The child shall be registered immediately after birth and shall have the right from birth to

a name, the right to acquire a nationality and as far as possible, the right to know and be

cared for by his or her parents.”

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� � ��

Birth registration is the official recording of the birth of a child by some administrative

body of the government. It is a permanent and official record of a child’s birth.

The World Health Organization defines a live birth as “a baby that breathes or shows

any other sign of life after delivery, irrespective of the duration of pregnancy”. The UN

view is that all babies born alive should be registered and their existence recognized

whatever their gestational age and regardless of whether they are still alive at the time of

registration.

Lack of birth registration is a violation of the

child’s inalienable human right to be given an

identity at birth and to be regarded as part of

society. Article 7 of the CRC gives every child

the right to be registered at birth by the State

within whose jurisdiction the child is born.

This means that states must make birth

registration accessible and available to all

children.

A fully registered birth and the accompanying

birth certificate help a child secure the right to his

or her origins, to a nationality and also help to

safeguard other human rights.

The question of nationality is one of the most

sensitive and complex aspects associated with

birth registration and can compromise the

registration of a child. The Committee on the

Rights of the Child, which monitors

implementation of the CRC, has raised concerns about children who are denied a

nationality and are, therefore, stateless.

What should be registered?

“Ensuring the right to a name and

nationality and to know one’s

parents implies that registration

should, as a minimum, include the

child’s name, sex, date and place

of birth, and the name, address

and nationality of both parents.

While a person’s name may be

their most distinctive ‘mark’ of

individuality – a right recognized in

the CRC – additional data, such as

family ties and nationality, promote

the child’s right to legal protection

by parents and by the state.”

Source: Innocenti Digest-No.9-March 2002-

UNICEF

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Right to education and health Current estimates suggest that internationally there are almost 120 million children of

primary school age out of school especially working children, children with disabilities,

children affected by HIV/AIDS or armed conflict, the children of the poor or ethnic

minorities, rural children and, consistently, girls. These are often children who live in

circumstances where birth registration may be rare. While it is only one of the factors

that determine whether or not a child attends school, birth registration and a birth

certificate is a need, and if it is not available, the child’s right is violated.

Right to a family environment

A comprehensive birth registration system, linked to the issue of birth certificates, can

help to protect children against illicit changes to their identity, such as changes of name

or falsification of family ties. This is in keeping with Article 8 of the CRC, and the

state’s obligation to preserve a child’s identity.

Protection against exploitation and abuse

In India, children under the age of 14 are prohibited by law from working in hazardous

industries, yet violations are widespread and many children are reportedly labouring in

quarries or factories. One growing trend in child exploitation is child trafficking for

prostitution and other contemporary forms of slavery, often in the guise of household

domestic work.

A child who has no official identity or proven nationality or an age proof– and who can

therefore remain hidden and unprotected – must be a more attractive prospect to a

trafficker. This also means that geographic areas where registration levels are low are

more likely to be targeted by trafficking operations. A birth certificate can also offer

protection against early marriage and military recruitment.

Juvenile justice

If children are arrested, a birth certificate can protect them from being prosecuted as

adults and ensure that they receive special legal protection that should be made

available to juveniles under Juvenile Justice Act. This is important even in relation to the

most trivial crimes, but when it comes to serious crimes where the death penalty is

imposed, proof of age can mean the difference between life and death.

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The Birth Certificate – A Door to other services

The importance of birth registration and the need of Birth certificate does not end merely

with childhood, it is a record that is very much a need during education, for employment,

for marriage and for that matter for everything.

• A birth certificate is needed to obtain a passport, a marriage or a driver’s license.

It may be required to open a bank account, to apply for and secure formal

employment and to inherit property.

• A birth certificate may also be needed obtain family allowances, ration card,

insurance, and a pension.

• A birth certificate proving identity and age is the gateway to democratic

participation in civil society, enabling a person not only to vote in electoral

processes, but to contest for Public office.

• A streamlined birth registration system, with a unique identifier for each child can

pave the way for a sophisticated citizen’s multi-purpose identity card.

Registration of Births –for National Indicators & Planning

• Every government needs to know how many people are there in the country, and

how it can plan to meet their needs.

• It allows the analysis of fertility and mortality rates by age, and the development

of projections of demographic change.

• It helps to identify geographic, social and gender disparities within the national

boundaries – the least developed parts of a country may have the lowest birth

registration coverage and the greatest need for services and active support.

• Without accurate population data, these areas may be overlooked and denied

the necessary budgetary resources. The lack of such data may, therefore, lead to

the further exclusion of people already marginalized from the social and

economic life of their country.

• The data provided by effective civil registration allow the accurate planning,

development and implementation of development policies, particularly in health,

education, housing, water and sanitation, employment, agricultural and industrial

production and an effective electoral process.

• They enhance a country’s ability to monitor and evaluate the impact of policies8

and help governments allocate appropriate resources to those in greatest need,

thereby narrowing disparities.

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• Data provided by registration are invaluable the life-cycle approach to human

development.

• Can be used to plan and coordinate immunization efforts, monitor child growth,

promote universal enrolment in primary education, monitor and address drop out

– particularly among girls – and other key steps in a child’s life.

International Level- Comprehensive Demographic Data

• Accurate and comprehensive demographic data serve the international

community– and ultimately children themselves– by helping international

organizations, financial institutions and NGOs to Programme their activities with

greater accuracy and impact.

• Health perspective- continuous information on births and deaths is essential for

the compilation of crucial development indicators such as statistics on Ante-natal,

neonatal, infant, child and general mortality at all administrative levels.

• AIDS has orphaned at least 10.4 million children, worldwide, currently under 15

(i.e. they have lost a mother or both parents) and unknown numbers are denied

their right to inherit parental property. Guaranteeing this right becomes more

difficult if the child has no legal proof of their identity, including family ties. Birth

registration for all children – giving proof of identity to those without parents –

would-be an effective way to ease the impact of HIV/AIDS on the children left

behind.

Table 1: Utilization of Birth Registration in Different Countries

Sl.No Country Purpose

1 India/Mynamar/Thailand School enrollment-but nor mandatory

2 Kenya/Uganda Not enforced

3 Camroon/Lesotho/Maldavies/Sudan/Yamen

Right to health care and education

4 Turkey Access to primary school education and secondary school and Diploma

5 Tanzania University enrollment

6 Malaysia Education Scholarship

7 Srilanka Not mandatory

8 Algeria School enrollment

9 Nepal Not legal requirement

10 Pakistan Access to health care and social services

11 Kyrgyzstan Access to health care and social services

12 Brazil Education & medical service

13 Isreal & Palestine Access to health and welfare services

Source: Innocenti Digest-No.9-March 2002-UNICEF pages 9, 10&11

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CRC Articles of relevance to Birth Registration The Convention on the Rights of the Child (CRC): While many CRC articles have links to birth registration, the following (paraphrased) are of particular relevance. In some cases, such as the right to family reunification, the proof of identity offered by birth registration and birth certificates is critical. Article 1: a child means every human being below the age of 18 years unless, under the law of the country, majority is attained earlier; Article 2: all rights shall be respected and ensured to every child within the State’s jurisdiction without discrimination of any kind; Article 3: the best interests of the child shall be a primary consideration in all actions regarding children; Article 4: the State shall take all appropriate legislative, administrative and other measures for the implementation of children’s rights; Article 7: the child shall be registered immediately after birth and has the right to a name and nationality and to know and be cared for by his or her parents. The State shall ensure the implementation of these rights in accordance with national law and its obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless; Article 8: the State will respect the child’s right to preserve his or her identity, including nationality, name and family relations, and will intervene in cases where a child is illegally deprived of any of these elements of identity with a view to re-establishing it; Article 9: the State shall ensure that a child shall not be separated from his or her parents against their will; Article 10: applications by a child or his or her parents to enter or leave a State for the purposes of family reunification shall be dealt with in a positive, humane and expeditious manner; Article 21: the State shall ensure that adoption of a child is authorized by competent authorities on the basis of proper information, including information about the child’s parents, relatives and legal guardians and shall ensure that children involved in inter-country adoption enjoy the same safeguards and standards as children being adopted within their country; Article 32: States recognize the right of the child to be protected from economic exploitation and shall provide for a minimum age or minimum ages for admission to employment; Article 35: States shall take all appropriate measures to prevent the abduction of, sale of or traffic of children; Article 38: States shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. Other texts: The right of every child to be registered at birth, to acquire a name and nationality, and the responsibilities of the State in this area are also underlined in other human rights standards. 1948: Universal Declaration of Human Rights, Article 15: “Everyone has the right to a nationality.” 1961: Convention on the Reduction of Statelessness, Article 1: “A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless.” 1966: International Covenant on Civil and Political Rights, Article 24: “Every child shall be registered immediately after birth and shall have a name. … Every child has the right to acquire a nationality.” 1969: American Convention on Human Rights, Article 20: “Every person has the right to the nationality of the State in whose territory he was born if he does not have the right to any other nationality.” 1979: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 9, women shall be granted “equal rights with men with respect to the nationality of their children.” 1989: 35th Session of the UN High Commissioner for Human Rights notes the importance of birth registration for child protection, particularly for illegitimate children and to reduce the sale or trafficking of children. 1990: African Charter on the Rights and Welfare of the Child, Article 6: “Every child shall have the right from his birth to a name … shall be registered immediately after birth … has the right to acquire a nationality.” 1990: International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, Article 29: “Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality.” 1997: European Convention on Nationality, Article 6: “Each State Party shall provide in its internal law for its nationality to be acquired ex lege by … foundlings found on its territory who would otherwise be stateless … [and] for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality.” Source: Innocenti Digest No.9, UNICEF, Innocenti Research centre, Florence, Italy

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“ REGISTRATION OF BIRTH IS A RIGHT OF EVERY CHILD. IT IS THE FIRST LEGAL

DOCUMENT CONFIRMING IDENTITY OF EVERY INDIVIDUAL”

Civil registration in India: a decentralized system

“Civil registration is defined as the continuous, permanent, compulsory and universal

recording of the occurrence and characteristics of vital events pertaining to the

population as provided through decree or regulation in accordance with the legal

requirements of a country”. Civil registration is carried out primarily for the purpose of

establishing the legal documents provided by the law. These records are also a main

source of vital statistics. Complete coverage, accuracy and timeliness of civil

registration are essential for quality vital statistics.

A Civil Registration System (CRS) refers to all institutional, legal, technical settings

needed to perform the civil registration functions in a coordinated and standardized

manner throughout the country, taking into account cultural and social circumstances

particular to the country. A good CRS provides data for observing changes in the

population growth on continuous basis through registration of births and deaths. CRS

provides a uniform system of registration and data collection on vital statistics including

compulsory registration of births and deaths in the country.

The Indian Civil Registration System was first introduced in the last century as an aid to

the Public Health Administration. Registration under this system was voluntary and the

various provinces and states had different legislations and there was lack of

standardization of concepts, definitions and classifications. After the enactment of RBD

Act in 1969, a uniform piece of legislation, replaced all the diverse laws. The national

authority for civil registration is the Office of the Registrar-General and Census

Commissioner, under the Ministry of Home Affairs. This office provides overall

coordination, direction, technical guidance and standards for civil registration throughout

the country. Registration itself is decentralized to India’s states and union territories. The

act has made it mandatory to provide the first copy of the birth certificate free of charge.

In theory, India’s registration system provides a good basis for the consistency of

concepts, definitions, classifications and tabulations across the various sources of vital

9

statistics, but the reality is unfortunately different. The nation is no where close to

achieving universal registration and state disparities in registration coverage varies from

over 100% to as low as 30%. Another problem related to CRS is delay in publication of

the report and therefore what ever is published is becomes outdated.

The Sample Registration System (SRS)

The Sample Registration System (SRS) is a large-scale demographic survey conducted

in India for providing reliable annual estimates of birth rate, death rate and other

fertility and mortality indicators at the national and sub-national levels.

Current status of Birth and Death Registration

Registration Machinery: The Registration of Birth and Death Act, 1969, provides for

the State Governments to frame rules for the establishment of the registration machinery

in the State and procedures for registration. The Act provides for a Chief Registrar at the

State level, District Registrars at the District level and Registrars at the Registration

Centre to discharge the functions under the Act. At the Central level the Registrar

General, India is to coordinate and unify the activities of the Chief Registrars and issue

general directions to the State governments regarding registration.

Level of Registration: As per the Report of the Working Group on Birth and Death

(2001), at national level approx 55% of the births and 46% of the deaths are being

registered. The level of registration varies substantially across the States. Some of the

States such as Goa, Gujarat, Jammu and Kashmir, Karnataka, Kerala, Maharashtra,

Mizoram, Punjab and Tamil Nadu and all the Union Territories except Dadra and Nagar

Haveli have achieved above 90% registration of births while some of the States such as

Andhra Pradesh, Assam, Bihar, Manipur, Meghalaya, Rajasthan and Uttar Pradesh are

able to register less than 50% of the births only. In the rest of the States, levels of birth

registration is in the range of 50-90 percent.

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Table 2: Percentage of Births and Deaths registered (Provisional)

PERCENTAGE REGISTERED S.NO

STATES

YEAR

BIRTHS

DEATHS

1. Andhra Pradesh 2001 55.8 58.5

2. Arunachal Pradesh 1999 81.7 28.4

3 Assam# 2000 38.7 20.1

4 Bihar 1995 18.7 25.6

5 Chhatisgarh 2001 55.8 66.6

6 Goa 2000 Almost 100 % Almost 100 %

7 Gujarat 2000 88.8 60.4

8 Haryana 2001 75.5 70.6

9 Himachal Pradesh 2001 Almost 100 % 81.8

10 Jammu & KAshimir 2000 68.1 49.5

11 Jharkhand Included in Bihar

12 Karnataka# 2001 73.6 77.2

13 Kerala# 2000 Almost 100 % 88.1

14 Madhya Pradesh 2001 38.2 48.3

15 Maharashtra 2000 91.1 71.5

16 Manipur 2001 45.9 25.3

17 Meghalaya 2000 72.2 51.7

18 Mizoram 2001 Almost 100 % Almost 100 %

19 Nagaland 1994 94.6 52.1

20 Orissa # 2001 82.4 63.2

21 Punjab 2000 92.2 82.5

22 Rajasthan 2001 39.6 55.8

23 Sikkim 2000 80.0 41.4

24 Tamil Nadu 2000 93.5 73.0

25 Tripura# 2000 65.2 40.9

26 Uttar Pradesh 1999 42.0 26.5

27 Uttaranchal Included in Uttar Pradesh

28 West Bengal 1999 98.3 54.0

Source: DRGSRS.

Note:

1. The level of birth/death registration is the percentage of registered birth/deaths to be estimated births/deaths

based on SRS rates.

2. The level of registration is very high in smaller states due to estimated events based on SRS relates to usual

residents only while events are to be registered at the place of occurrence irrespective of the place of residence.

While, estimates of vital rates are lower than the actual.

3. #: Level of registration of Assam for the year 2000; Karnataka for 2001; Kerala for 2000; Orissa for 2001; and

Tripura for 2000 are based on monthly reports.

11

� ��

The state of Karnataka (then Mysore) was formed in 1956. The Registration of Birth &

Death Act, 1969 came into force in the State with the effect from 1st April 1970. The

Karnataka Registration Birth & Death Rules, 1970 were framed and issued by the

Government of Karnataka on 15th of Dec 1970, and were effective from 1st January

1971.

Initially, in the rural areas Village Patels acted as the registrars till 1978. The state had

achieved 70% registration efficiency by 1994.

The KRBD rules subsequently were amended in December 1999, as per the instructions

of Registrar General, India. Revamped system of Registration of Birth & Death is in force

in Karnataka from 1st January 2000.

The Organizational Set-up

State District

Deputy Chief Registrar Deputy Director- DES

Chief Registrar, Director D.E. & S

Joint Chief Registrar Joint Director- DES

Assistant Chief Registrar Assistant Director- DES

Technical Staff

District Registrar/ Deputy Commissioner

Addl District Registrar/ District Statistical Officer

Tahsildar

Commissioner / Chief Officer

Registrar/ Village Accountant

Villages

Registrar Health Officer/ Health Inspector

Town / Cities

Urban Rural

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In the Urban area, the City Corporation/City Municipal Councils/Town Municipal

Councils/Notified Area Committees/Project Area/Sanitary Boards etc., Health

officer/Health Inspectors/Sanitary Inspectors are the Registrars. In some large

cities/towns, Sub-Registrar of Birth and Death have been appointed for different area to

decentralize the work. In Rural Areas, the Village accountants are the registrars

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13

Registration Procedure

According to the RBD Act. 1969, it is the duty of the head of the household and if s/he is

not present in the house the nearest relatives of the head present in the house and in

the absence of any such person, the oldest adult person present in the house should

report the occurrence of any live birth or still birth. As per Karnataka RBD Rules, 1999 all

births, stillbirths and deaths are to be reported within 21 days of its occurrence to the

Registrar/ Sub-registrar of the concern local area.

How do we get a Birth Registered? As soon as the registration of birth or death is completed, the registrar has to issue the

certificate in Form No.5&6 respectively containing the essential particulars of the event

free of cost to the applicant under Sec.12 of the RBD Act, 1969. Additional copies of the

births certificates may be obtained by the applicant @ Rs.5/- per copy under Sec.17 of

the RBD Act.

In case, where the birth of any child had been registered without a name, the parents or

guardian of such child, give information regarding the name of the child to the Registrar

and obtain the certificate with free of cost within 12 months from the date of registration

of the birth of child. After one year but within a period of 15 years, the name can be

entered on payment of Rs.5 as late fee.

Birth certificates can be obtained under section 12 issued by the Registrar both in rural

and urban area. Under section 17, they were normally issued by the concerned

Tahsildars of the Taluk in case of the rural areas. In the case of urban area, certificates

are issued by the Registrar /Chief Officer/Commissioner etc. of the Municipalities

/Corporations. The fee payable for a search to be made, an extract or a non- availability

certificate to be issued under the section 17 is listed in the table:

A Search for a single entry in the first year for which the search

is made

Rs. 2.00

B For every additional year for which the search is continued Rs. 2.00

C For granting extract relating to each birth or death Rs. 5.00

D For granting non-availability certificate of birth or death Rs. 2.00

If any particular event of birth or death is not found registered, the Registrar shall issue a

non-availability certificate in Form. No.10

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When the event is declared after the expiry of 21 days, the registration of such an event

is governed by the provisions regarding delayed registration under section 13 of the Act.

A Registered after the expiry of 21 days but within 30

days

Rs. 2.00

B Registered after 30 days but within 1 year Rs. 5.00-with the written

permission of the Tahsilar/

Commissioner/Chief Officer

C Registered after one year Rs. 10.00- Order of the

Judicial Magistrate of First

Class

Table-3 –Showing Reporting and Recording Efficiencies (in Percentage)

Recording Report

Births Deaths

Year

Rural Urban Total Rural Urban Total Rural Urban Total

1995 85.7 93.9 85.8 60.9 140.1 84.4 73.7 132.8 87.4

1996 88.3 95.7 88.4 62.8 156.4 89.3 72.8 142.6 88.5

1997 88.9 92.3 89.0 62.2 154.9 88.8 73.5 146.4 90.1

1998 94.0 96.0 94.0 63.1 159.6 90.6 75.9 143.0 90.7

1999 95.5 96.4 95.5 59.7 141.4 84.1 69.2 131.8 82.3

2000 89.4 95.4 89.4 51.8 135.1 76.0 58.9 115.4 71.5

2001 94.4 98.0 94.4 54.7 151.8 83.0 60.2 137.1 77.6

2002 96.6 96.8 96.6 44.7 136.4 71.5 61.0 121.8 74.6

2003 95.3 96.4 95.3 46.5 149.6 76.1 72.7 128.3 86.5

2004* 93.8 93.4 93.7 41.9 137.5 69.1 65.8 124.5 81.2

*Provisional upto June 2004

Source: Office of the Chief Registrar of Births & Deaths and Director, Directorate of

Economics & Statistics-Bangalore.

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While there is much to be done to achieve universal birth registration and the legal

recognition of the two fifths of the world’s children who are unregistered, many positive

steps have been taken since the formulation of RBD Act -1969 and by the United

Nations since in 1989. And there is little doubt that the ultimate objective of permanent,

continuous and universal registration, with all its benefits, should be a goal of for each

state. Recognizing this, in the last few years, several national and state level initiatives

have been put in action. The National Population Policy has also targeted 100% birth

registration.

A National Campaign on Birth Registration

A National Campaign on Birth Registration was launched in 2003, during the period Nov

14-20, 2003 which is the “Child Rights Week”, throughout the country to issue birth

certificate to all children born during the last 10 years. The Campaign was taken up in

three phases. The first phases covered the children whose births have been registered

and are living in the villages and towns where they were born. In the second phase,

those children whose births have been registered but are living at places of birth was

taken up. The third phase, it was to cover those children whose births have not been

registered. The first phase of the campaign was expected to cover about 100 million (or

1crore) children and is being launched across the country during the Child Rights week

from 14th to 20th November 2003 and completed by 8th March 2004, the International

Women’s Day.

• In the first module, birth certificates were distributed to children in the age group

0 to 9 years who have already been registered but not issued birth certificates.

• An alternate model has also been suggested in which the administration would

be requesting the local schools in the area to send list of students up to the age

of 9 years who have not obtained the birth certificates. After verifying if they had

been registered previously birth certificates are sent for distribution through the

same route.

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Sensitization drive on birth registration

PLAN India and Population Foundation of India have launched an advocacy programme

to sensitize lawmakers and corporate on the need for universal birth registration. "This is

very important to help check discrimination against girl child," Ms Nalini Abraham,

Country Health Advisor (Plan India), said. Universal birth registration was directly linked

to problems like trafficking and child labour, she said. The month-long advocacy

programme was aimed at educating various groups that, in turn, would bring awareness

on the need for birth registrations. The two NGOs were demanding that pre-birth sex

selection should be stopped. They also demanded that elimination of female child should

be stopped.

As part of the campaign, a State-level advocacy workshop was organized on Thursday

9th September 04 in association with the Federation of Andhra Pradesh Chambers of

Commerce and Industry (FAPCCI). Representatives of various corporate and trade

houses were present at the workshop. The advocacy campaign would also cover MLAs.

The idea was to make them raise their voice on the importance of birth registrations

which would ultimately protect the interests of the girl child.

Initiatives in Karnataka

The following steps have been taken to improve the level of registration as well as cover

the backlog of issuance of certificates:

• Educating Registrars

• Involvement of Anganwadi workers in CRS

• Reporting forms 1,2, and 3 for Notifiers

• Registration Centers in some Hospitals

• Coordination committees set up to review and monitor work

• Public awareness measures:

o Tin boards, handbills distributed, Hoardings put up

o Publicity given on TV, Newspaper and Magazines at State and Local

Level.

17

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• Not perceived as a fundamental right and, as a result, is given low priority at

every level.

• Not seen as important by society at large or by families struggling with day-to-day

survival.

• Its value is often neglected in the face of problems that are more immediate and

tangible and the long-term potential of birth registration to ease such problems is

frequently overlooked.

• Seen as nothing more than a legal formality, with little relevance for the

development of the child, including access to healthcare and education services.

The end result is a lack of support for birth registration from national and local

authorities, and little demand from the general public, who remain unaware of its

importance.

• It may be too costly for parents. If delayed, parents are charged issuing of a

certificate.

Political and Administrative barriers

• Lack of political will. This probably stems from the government, politicians and

civil servants to grasp the importance of birth registration as a human right or the

crucial role of civil registration records in a modern society. Inadequate financial

allocations in this area, insufficient and poorly trained personnel, ill-equipped

offices and shortages of the materials needed to get the job done.

• Lack of infrastructure facilities and apathy

• Inadequacy of staff at all levels coming in the way of enforcement of the Act.

• Due to lack of knowledge among registrar of basic level regarding the filling of

new form introduced in the revamped system, most of the information in the

reporting forms are received unfilled.

• Lack of awareness of the need of birth and death registration among the public

and the district officials

• Insufficient monitoring by the chief registrar of births and Deaths in some states

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• Non availability of forms – a poor reflection on the failure of the state government

• Lack of initiatives on the part of the registration machinery.

• For systems to work efficiently, local registrars need support such as training and

guidance on registration laws and procedures and access to detailed guidelines

to help them resolve any registration problems. The lack of such support is a

major obstacle to birth registration.

• Without proper supervision and monitoring to ensure adherence to civil

registration laws, there is the risk that vital information will go unrecorded, and of

fraudulent birth entries and illegal changes to birth registries.

• Illegal systems undermining the legal civil registration system, by allowing people

to buy fake documents such as birth certificates.

Legislative barriers

• Legislation does not allow enough time for registration, given the geographical

terra in and the availability of registration services.

• Failure to enforce existing legislation is a major issue, linked to the low priority

given to birth registration.

• Civil registration documents are rarely demanded as proof of name, date and

place of birth or family relationships, even though they may be required by law.

• Lack of publicity and awareness rising with respect to existing birth registration

legislation is also frequently a barrier to ensuring its effective enforcement and

achieving universal registration.

• Legislation that supports birth registration may be overridden by policies or

programs in another area.

Economic barriers

• Meagre budgets and competing demand may be reluctant to divert scarce

resources to the creation of an effective civil registration system.

• Shortages of basic materials such as registers and certificate forms.

• Late registration may involve significant costs and lengthy judicial procedures –

yet another disincentive.

• Apart from the direct costs of registering a child and obtaining a birth certificate,

there are also ‘opportunity costs’ –the costs in terms of time, travel and absence

19

from work or from the family residence and responsibilities – that parents incur

when birth registration is not readily accessible.

Neglect of cultural and community realities

• The lack of connection between central authorities and citizens, coupled with low

awareness about the value of birth registration, contributes to poor demand for

this service.

• It is believed that names can affect a person’s luck and the illness, accident or

death of a person with the same name as a child may result in that child’s name

being changed. Nicknames are also common, and in practice can acquire the

status of a surname. These customs can make it difficult to safeguard a child’s

identity.

• A great deal of thought is given to a suitable name for a child and this is not

shared with the authorities until the traditional process is complete. By then, the

legal time limit for registration may have elapsed.

Gender discrimination

• Birth registration suffers as a result of a gender bias that excludes women from

the entire process. In such cases, registration is far more likely to be delayed if

the father is absent.

• Girls kept out of school because of gender discrimination are more likely not to

have birth certificates, especially where school certificate is considered in-lieu of

a birth certificate.

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Birth Registration should be addressed as a core development issue alongside poverty reduction

and universal access to basic services. Realistic development planning to requires credible data

covering all marginalized groups, making universal birth registration essential both for the child

and for the nation. Improving registration coverage depends upon a country’s political will to

implement change in the interest of its children.

Birth registration is a fundamental human right. It gives a child a recognized legal existence and

identity. It is a door to other rights such as access to health and education services. It offers

protection against discrimination and neglect, determines a child’s treatment in the justice system,

and lasts a lifetime– guaranteeing an individual’s right to take their place in the social and political

life of their country.

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When more families stayed in one place for generations, birth registration may have seemed less

important. Every individual was well known to the surrounding community. But with accelerating

movement of people both across and within national borders, having a recognized legal identity

has become crucial.

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FURTHER READING

Census of India (2003) “National Campaign on Birth Certificates” eCENSUSIndia - Issue 18

Directorate of Economics and Statistics (2003), Annual Report of Registration of Births and Deaths 1999, under the RBD Act, 1969. Government of Karnataka



IRMS - ICMR (2003) “Development of Demographic Database for Micro (District) Level Planning in India: Exploration of Alternative Data Sources “ Concluding Workshop - RETA 6007: Enhancing Social and Gender Statistics 24-27 June 2003 , Bangkok, Thailand

Itina, S.M. (1997), ‘Characteristics of Traditional Birth Attendants and their Beliefs and Practices in the Offot Clan,Nigeria’, WHO Bulletin 75 (6), 563-567

Morisky, D.E. (1986), ‘Evaluating the Effectiveness of Utilizing Traditional Birth Attendants for Maternal and Child Health/Family Planning Programs in the Rural Philippines’,International Quarterly of Community Health Education 6,(2) 131-143.

PLAN International (1999) Asian Civil Registrars General Convention, Bangkok, 1999.

Pomfret, John (2001), ‘In China’s Countryside, “It’s a Boy!”Too Often’, Washington Post Foreign Service, 29 May 2001.

Rashid, M., K. Tayakkanonta et al. (1999), ‘Traditional Birth Attendants’ Advice toward Breast-Feeding, Immunization and Oral Rehydration among Mothers in Rural Bangladesh’, Women and Health 28 (3),33-44.

Singh, A. and A. Kaur (1993), ‘Perceptions of TraditionalBirth Attendants Regarding Contraceptive Methods’, Journal of Family Welfare 39, 1, pp.36-39.

THE HINDU group of publications- Financial Daily ,Thursday, August 02, 2001

THE HINDU group of publications - The Hindu Hyderabad, Sept.10,2004

IndiaInfo_com.news (2004) Karnataka makes registration of births, deaths compulsory-Saturday, July 3 2004 PTI

United Nations Children’s Fund(2002); Innocenti Digest-No.9-March 2002-, Birth Registration Right from the Start, Innocenti Research Center, Florence. Italy

United Nations Department of Economic and Social Affairs, Statistics Division (2001), op. cit. Also

United Nations Department of Economic and Social Affairs, Statistics Division (1998), Handbook on Civil Registration and Vital Statistics Systems. Management, Operation and Maintenance, United Nations, New York.

UNHCHR (1994). Promotion and Protection of the Rights ofChildren: Sale of Children, Child Prostitution and ChildPornography, Report by the Special Rapporteur of theCommission on Human Rights.

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UNHCHR (1999). Promotion and Protection of the Rights of Children: Sale of Children, Child Prostitution and Child Pornography, Report by the Special Rapporteur of the Commission on Human Rights.

UN Economic and Social Council for Asia and the Pacific(1993), Uses of Civil Registration Records and Vital Statistics in Population Policy-Making and Evaluation, ESCAP,Bangkok.

UNAIDS (2001), Children and Young People in a World of AIDS, UNAIDS, Geneva.

United Nations Department of Economic and SocialAffairs, Statistics Division, (1998), Handbook on Civil Registration and Vital Statistics Systems: DevelopingInformation, Education and Communication, United Nations, New York.UN Committee on the Rights of the Child (1993), Initial Report of States Parties due in 1993: Madagascar. 13.09.93. CRC/C/8/Add.5, 83 & 85.

UNICEF & DWCD (2001) Multiple Indicator Survey – 2000 - Summary Report

UNICEF Malaysia (1999), UNICEF Malaysia Annual Report 1999, Kuala Lumpur.

Birth Registration Background

Documents

united nations

achieving

sample registration

vital statistics

civil registration

universal

child rights

birth certificate