A matter of life and death
Registration of births and deaths bill is crucial. It’s a pity Parliament didn’t debate it fully
It may have flown under the radar but among the most significant pieces of legislation introduced in the monsoon session is the Registration of Births and Deaths (Amendment) Bill. The draft law was passed by Lok Sabha this week amid disruptions and curtailed discussions that have now become regrettably routine. The bill is broad in its sweep, seeking to build a comprehensive database of births and deaths and update India’s birth registration laws that first came into effect in 1969. 
Three aspects merit note. One, it appears that the legislation will enable the government to create a comprehensive centralised database of births and deaths – this is why some Opposition members have dubbed the bill a way to bring in a backdoor National Register of Citizens (NRC) – by allowing the Registrar General to maintain a national database of registered births and deaths. Two, it makes birth certificates mandatory for voting, education, jobs, and welfare, and the sole conclusive proof of a person’s age. Consequently, a person without a birth certificate runs the risk of being cut off from accessing the right to vote, the ability to apply for government jobs or study in educational institutions. How far this provision will be held lawful against the backdrop of the rights to food and education remains to be seen. Three, the bill links the Aadhaar details of the parents and the person who reports the birth in the birth certificate, such as doctors in hospitals, jailors in case of birth in jails, manager of hotels or guest houses, and police officers in case they find an abandoned child within their jurisdiction. Again, some experts have argued that this undermines the Supreme Court’s 2017 judgment affirming privacy as a fundamental right, and the 2018 verdict limiting the usage of Aadhaar. ‘
The percentage of people registering births has been steadily rising in India. Still, calculations by this newspaper suggested that in 2020-21, the birth registration level was at 91.6%. This indicated that though the bill was prospective, it might affect millions of people adversely. Among Parliament’s key functions is not only the scrutiny and passage of bills, but also showcasing various facets of significant laws and ensuring that they are vigorously debated, presenting all sides of a law in front of the people. Repeated disruptions and ramrodding legislation with little discussion short change this process. The people these laws govern are the ultimate victims. The hasty passage of another bill that literally governs our births and deaths is just another unfortunate reminder.
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