The government proposes that the court agree to register births and deaths with a two-year delay | Today’s news

New Delhi: The government on Wednesday introduced an amendment in the Lok Sabha proposing that births and deaths reported more than two years after the event require judicial scrutiny and approval before registration.

The Registration of Births and Deaths (Amendment) Act, 2026 was introduced by Home Minister Nityanand Rai as the government seeks to strengthen India’s civil registration system, encourage timely reporting of important events, improve data integrity and prevent misuse and fraud.

The proposal follows consultations with states, union territories and other stakeholders as the bill seeks to tighten the framework for late registration of births and deaths by making the process more stringent. The amendment does not change the requirement to register births and deaths. Instead, it raises the threshold for delayed registrations beyond two years by shifting the approval process from the executive to the judiciary.

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The bill proposes that births and deaths reported more than two years after the event require court approval for registration, with the aim of strengthening India’s civil registration system.

The aim of the amendment is to improve data integrity, prevent misuse and encourage timely reporting of important events by making late registrations more stringent.

Registrations delayed by one to two years will still require the approval of executive magistrates, while those sought after two years will need an order from a magistrate.

Individuals may face a more difficult process of obtaining birth and death certificates as the approval authority shifts from executive to judicial oversight to delays of more than two years.

Yes, if registration is delayed by more than two years, it will require court approval, which could complicate the process of obtaining a legal identity or death certificate.

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“Amending existing laws is a routine legislative exercise. The fear here is that once this bill becomes law, people may again have to run from pillar to post to get birth and death certificates as the process could become more cumbersome,” said Arvind Mohan, a former policy researcher at Lokniti, a research program of the Delhi-based Center for the Study of Developing Societies.

The Indian Association for the Study of Population (IASP), a professional group of demographers and population experts based in Delhi, declined to comment.

The addition assumes significance as India records more than 2.5 million (25 million) births every year. According to the latest report of India’s Civil Registration System (CRS), 25.2 million births and 8.66 million deaths were registered across the country in 2023.

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Under the existing law, any birth or death reported after more than one year from its occurrence can be registered by order of a District Magistrate, a Sub-Divisional Magistrate or an Executive Magistrate deputed by a District Magistrate.

However, the amendment proposes to divide such cases into two categories. Applications filed after one year but within two years of the event will continue to require the approval of the District Magistrate, Sub-Divisional Magistrate or Designated Executive Magistrate after verification of the event and payment of the prescribed fee.

However, registrations required after two years will require an order from a Magistrate of the First Class having jurisdiction over the area where the birth or death occurred.

The amendment thus introduces an additional level of judicial oversight for registrations requested after a longer delay, a departure from the current framework where executive authorities can approve all delayed registrations of more than one year.

“This is a very good bill. It will bring more transparency to the birth and death registration process and help ensure that official records remain accurate and trustworthy,” said Radha Mohan Singh, a member of the ruling Bharatiya Janata Party’s Lok Sabha from East Champaran constituency in Bihar.

Registration of births and deaths is compulsory under the Registration of Births and Deaths Act 1969 and certificates issued under this Act have significant legal value. A birth certificate provides a legal identity to an individual, while a death certificate serves as legal proof of death. According to her, the goal of the proposed change is to encourage timely reporting of births and deaths.

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The amendment is a subsequent amendment that replaces the old 1973 Bharatiya Nagarik Suraksha Sanhita Penal Code (CrPC), a new criminal procedure law that came into force last year without changing the role of executive judges.

According to the finance memorandum accompanying the bill, the amendment will not involve any recurring or one-time expenditure from the Consolidated Fund of India. The legislation will come into force on a date announced by the central government after its enactment.

The aim, according to the government, is to tighten provisions on late registration and encourage timely reporting, thereby increasing the credibility of birth and death records, which serve as important legal documents.