[Answered] Critically analyze the provisions of the Registration of Births and Deaths (Amendment) Bill, 2023. Discuss the potential benefits and drawbacks of the amendments.

Recently, Parliament passed the Registration of Births and Deaths (Amendment) Bill, 2023 which allows the use of a birth certificate as a single document for admission to an educational institution, issuance of a driving licence, preparation of voter list, Aadhaar number, registration of marriage or appointment to a government job.

Features of the bill:

• Database of birth and deaths: The bill makes it compulsory for the Registrar General of India to maintain a national-level database of births and deaths, and the same is to be maintained by the Chief Registrar of births and deaths in every State.
• Connecting database: These databases provide information to update the National Population Register, the Aadhaar database, electoral rolls, ration cards, passports, and other databases at the national level as may be required. The use of the national database must be approved by the central government.
• Electronic certificate:  The Act provides that any person may obtain an extract from the register related to any birth or death in electronic form or otherwise.
• Appeal process:Any person aggrieved by any action or order of the Registrar or District Registrar may appeal to the District Registrar or Chief Registrar, respectively.  Such an appeal must be made within 30 days from receipt of such action or order.  The District Registrar or Chief Registrar must give their decision within 90 days from the date of appeal.

Discuss the potential benefits and drawbacks of the amendments.  

• Violation of Constitution: Mandatory use of birth certificates of persons for certain purposes like admission in educational institutes & preparation of electoral roll may violateArticle 21A & Article 326.
• Violation of Privacy: Linking the Aadhar details of the informant who is in charge of the institution where the birth has taken place with the birth certificate of a newborn violates the informant’s right to privacy.
• Violation of Data Protection Bill: The Bill does not require consent from the person whose data is being linked & shared across various databases. It only requires the approval of central and state governments. This goes against the mandate of “informed consent” specified under the Draft Digital Personal Data Protection Bill, 2022.
• Transparency: The legislation will help create a national and state-level database of registered births and deaths which eventually would ensure efficient and transparent delivery of public services and social benefits and digital registration.
• Grievance redressal: Any person aggrieved by any action or order of the Registrar or District Registrar may appeal to the District Registrar or Chief Registrar.
• Good Governance: The centralized database is anticipated to increase administrative effectiveness by offering a trustworthy and unified source of information. The law is in line with India’s ambitions to undergo a digital transformation, indicating a commitment to modernize administrative operations for better citizen services.

Conclusion:

Union Government should address the challenges that can arise from the implementation of the bill and engage state governments to ensure smooth implementation of the bill. Courts must ensure that the bill passes the test of constitutionality with reasonable restrictions allowed.