Court Sets Aside Birth Certificate Amendment Without Hearing Affected Party, Emphasizes Audi Alteram Partem
In a significant ruling, the Madhya Pradesh High Court has set aside an administrative order that altered the birth date of a petitioner, citing a breach of natural justice principles. The court, presided over by Mr. Gajendra Singh, J., emphasized the necessity of providing affected individuals the right to be heard before making decisions with serious civil consequences.
The case involved a writ petition filed under Article 226 of the Constitution of India by Petitioner No.1, whose date of birth was unilaterally corrected by the Registrar of Births and Deaths, Maheshwar, from 01.01.2008 to 30.12.2009. The correction was initiated upon an application by the petitioner's father, Respondent No.3, without notifying or hearing the petitioner herself.
The court highlighted that such a change in the birth record postponed the petitioner's attainment of majority, thereby affecting her legal rights, including voting, contractual capacity, and personal choices in marriage. "The alteration deprives Petitioner No.1 of exercising her right to adult suffrage and affects several other civil rights," noted Justice Singh.
The High Court criticized the process, stating that mere intimation to the father, Respondent No.3, did not satisfy the legal requirement of audi alteram partem—a principle mandating that no person should be judged without a fair hearing. The court reaffirmed that principles of natural justice are integral to ensuring fairness and are protected under Article 14 of the Constitution.
Further, the court dismissed objections regarding the petition's maintainability on grounds of an alternative remedy, citing the violation of fundamental rights and natural justice principles as valid grounds for exercising writ jurisdiction.
The judgment also directed the concerned authorities to reconsider the application for birth record correction, ensuring an effective hearing opportunity for the petitioner. This decision reinforces the judiciary's commitment to safeguarding individual rights against administrative arbitrariness.
Bottom Line :
Registration of Births and Deaths Act, 1969 - Correction/cancellation of birth entry affecting age and majority - When correction of date of birth entails serious civil consequences for the person concerned, mere intimation to father is not sufficient - Person directly affected must be given effective opportunity of hearing - Availability of alternative remedy is no bar where there is violation of natural justice - Order correcting date of birth without hearing petitioner set aside.
Statutory provision(s):
Registration of Births and Deaths Act, 1969 Section 15, Madhya Pradesh Registration of Births and Deaths Rules, 2024 Rule 11, Constitution of India, 1950 Articles 14, 21, and 226
'M' v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2989342
