Birth Certificate Archives - Page 2 of 4

What is Non-Availability of Birth Certificate & How to Apply?

December 28, 2020 Manoj Sodhani Comments 0 Comment

Also called NABC, the non-availability of birth certificate is an alternative document used as a birth proof in case you have lost the original one or yours is an unregistered birth in India.

Being a legal document, the municipal corporation, surpanch of gram panchayat or para-medical doctors or staff can issue the birth certificate. If yours is registered and the proof is physically damaged, you can apply for it from the civil body called the municipal corporation. Its registrar will issue non-availability of birth certificate (NABC), provided that you have some other proofs of your birth. In village, the para-medical staff or surpanch issues it.

What if yours is unregistered birth?

The unregistered birth has a specific condition to get registered. The applicant has to request to the SDM or any other A-gazette officer in India to write a sworn statement, stating his/her name, address and then, attest it with the stamp and signature.

Then, a request is raised to the registrar of the Municipal Corporation to issue the NABC. This governing agency should be located where the birth took place.

Circumstantial documents needed

For birth taken place in hospital:

If the applicant was born in any hospital or nursing home, the zonal MC office is the competent person to raise a request with.

For birth taken place in vehicle:

If the applicant was born in the moving vehicle, the place where the delivery took place would be the place where the request should be raised with the Municipal Corporation of the area.

For birth take place at home:

The vaccination centre near where the applicant’s home is the ideal place to apply for this certificate.

For birth take place in jail:

If your birth place is a specific jail, the jailer or incharge of the jail would issue the proof to show to the Municipal Corporation.

How to apply?

Directly from the Municipal Corporation

For this, you need to directly visit the respective district or place of the birth. Consider the aforementioned conditions if you have any kind of confusion in where to get it from.
Place a request with the Health Officer or Registrar at the registration office. The registrar may provide an application form to fill up.
Alternatively, he/she may be issued an affidavit on the letterhead of the gazette officer. Consider the aforementioned information about the grade of the officer.

What does the affidavit look like?

The affidavit should be drafted on the stamp paper, which is worth INR 20 or more.

Make sure that it has been drafted in front of the gazette officer or the magistrate.
It reads the name of the beneficiary as an affiant.
It should also read the name of parents or relative, whosoever is referred as an evidence of the birth.
Make sure that the location of the birth should be rightly mentioned.
The format of the date should look like this- MM/DD/YYYY.
At the end, the signing authority will mark its stamp while mentioning the designation.

Checklist of other supporting documents
These are grouped under two categories:

Primary-damaged copy of the birth if yours is the case of damaged birth certificate
Secondary- this is the case of unregistered birth. For this, you need to enclose the unique affidavit of the affiant issued by the sub-divisional magistrate or magistrate, affidavit of parents or witnesses and address proofs, adhaar cars, driving licence or voter id, and adoption paper if the applicant is stepped.

Besides, the letters issued by the particular incharge, as mentioned above would also be needed. So, always check the list of all supporting documents before visiting the authority.

How Can You Go Abroad If You Don’t have Birth Certificate?

November 27, 2020 Manoj Sodhani Comments 0 Comment

If you have a wish somewhere in the deep to go abroad, make sure that you have a birth certificate. It is an important document that can settle down most of the challenges in immigration documentation. Needless to say, you have to show it to the passport authority, UIDAI for aadhaar card and income tax authority for PAN card.

So! How can you get through government procedures with having a birth proof?

Non-Availability of Birth Certificate As Birth Proof

A non-availability of birth certificate (NABC) can resolve this matter. You can have it from Municipal Corporation, which is a civil body to look into this matter. However, its registrar has many other jobs to carry out, such as registration of birth and death, issuing marriage certificate and many more functions.

The NABC is an easy method to get unregistered birth registered in India. This registration should be done within 21 days of the birth. But, some reasons intercept and parents won’t be able to get it done. Keeping this fact into account, the government offers an opportunity to apply for it.

Authorities to Contact for NABC

Under Section 17 of the Registration of Birth and Death Act, 1969, there is a provision to check if or not the registration has been done. A few cases come into limelight for the birth proof being damaged or lost or burnt. In these cases, the applicant can visit these authorities:

Municipal Corporation in Metropolitans

The municipal corporation is set up in every urban area or district for issuing birth and residential proofs. Those NRIs who are born in India, they can provide attorney to their relatives here for getting it.

Para-Medical Staff in Rural Areas

This facility is available for people living in villages. Besides, they can visit Tehsildar at the Taluka level or Gram Panchayat to have it without any hassle.

Indian Embassy for NRIs

Those who are born before 1969, they can get their NABC from Indian Embassy or consulate. It’s a privilege for NRIs to get it easily from there.

Conditions To Apply for NABC

The following conditions are restricted to Delhi. These can have some more additions in the rule-book of some other states.

The person must be a citizen of India or an NRI, carrying proofs about their citizenship.
The person should not have any government issued birth certificate in India.
Parents or relatives can apply for it after one+ year upon the birth of the child. Simply put, there should have a gap of at least one year between birth registration and NABC application.

Checklist of Documents

Like conditions, there are some documents that you should have for supporting your application. These are:

Affidavit
Passport
PAN Card
Ration Card
Aadhaar Card
Voter ID Card
Recognized board certificate
Nursing home/Hospital Report/Vaccination card
Certificate from School signed by Principal on School’s Letter Head
Letter issued by the ‘Jail Incharge’, if he/she was born in the jail.
Letter issued by the head of the Dharmashala/ Boarding house, if he/she took birth in these
Letter issued by the vehicle incharge, if born in the vehicle
Letter issued by the headman of the village/incharge of the local police station, if born in these places
Letter issued by the authorized medical officer of the hospital/ nursing home/maternity ward
Church record where took baptism within two months of birth
Adoption decree, if it is the case of an adopted child & other legal records of judicial proceedings
Statement of two witnesses that can be mother and father, relative, friend, neighbor or sibling

Procedure To Get:

As aforementioned, the applicant should visit the competent authority, be it in the city, village or abroad. Fill the form and enclose the foretold support documents. If you have any confusion, visit the information center to know clearly. Pay fee against services. This is how you can have it for passport and visa to go abroad.

Court Marriage in India Requires Certificate of Being Single

Is Birth Certificate The Only Acceptable Proof for NRC In India?

February 13, 2020 Manoj Sodhani Comments 0 Comment

The acceptance of a National Register of Citizens or NRC bill has created mayhem in India. The activities of vandalism are taking now and then afterwards. The environment is radically chaotic. However, these are some serious issues that you cannot take with blindfolded eyes.

But, this article is basically about the only proof that is acceptable for NRC. It is the birth certificate. The Modi-led government has announced that the birth certificate could be the only boat to sail across the NRC challenge.

IndiaSpend analysis shows that any document related to the date and place of birth is a concrete evidence of citizenship for the National Register of Citizens. The National Family Health Survey (NFHS-4) states that the birth of only three out of five children under the age of five had been registered in 2015-16. This statistics is much improved (i.e. 62.3%) if is compared with these registrations in 2005-06, i.e. 26.9%.

No birth registration was a sort of likelihood before 2005, which has become a norm today to prove your legal identity as a citizen of India. The aforementioned analysis also disclosed that the downtrodden families, especially for scheduled castes and tribes, are more likely to not have it.

More Alternatives to Prove Citizenship:

However, it is contradictory. But, what the Union Home Minister Amit Shah has said sounds different than that of what the Assam government has announced. The latter state government has declaimed any proof of date and place of birth in relation to the NRC is acceptable. The checklist includes-voter cards, passport, Aadhaar card, licences, insurance papers, school leaving certificates and document related to home and land.

On the flip side, the Union Home Minister in an interview on December 20, 2019 had a different saying, which apparently rejected Aadhaar, voter card and passport as a first proof of citizenship. Besides, the parents need not submit any documentation compulsorily.

A reputed human rights lawyer of Guwahati, Assam clarifies that the birth certificate is found one of the most popular linkage document. That’s why it is admissible as per the NRC for children. It is simply because it is the only document of minors that can be linked with parents’ document.

Unregistered births and deaths are a challenge

As of now, the government infrastructure is not conducive to launch NRC, according to Shamika Ravi (director of research at Brookings India) and Mudit Kapoor (an associate professor of economics at the Indian Statistical Institute, ISI, in The Indian Express). If considered the case of Assam, children below 18 do not have voter cards. If they have not been appeared in the Class 10 or 12 board exams, the only document to resort to is the birth certificate. Unfortunately, nearly 40 lakh people did not provide this proof. So, they were left out.

Moreover, the UNICEF has reported in 2019 that India is one of the countries wherein half of the world’s 166 million children live. Nearly 24 million children under 5 did not register their birth. On one side, the registration of Births and Death Act, 1969 mandates registry of every birth and death within 21 days. On the other side, its system named only 84.9% of all births and 79.6% of all deaths in 2017 in the register.

Amidst all these provisions and happenings, the unregistered birth could be legally registered. However, the register could be a census of the Indian Statistical Institute (ISI).

Reasons for unregistered birth

The count of birth registration has been up in 2017, i.e. 84.9%, which was just 76.4% in 2008 as per 2017 Vital Statistics of India based in Civil Registration System report. This rate was mere 56.2% in 2000. The states that topped the rank in the least registries are Uttar Pradesh (61.5%), Bihar (73.7%), Madhya Pradesh (74.6%) and Jammu & Kashmir (78.8%).

The so called reasons were inadequate staff, software glitches and network issues. The true reasons behind this flaw were the unaffordable infrastructure and poverty, which hampers the traveling to the nearest registration centre. Besides, there was no immediate demand pertaining to birth certificate for any social services of the government.

The poverty is another major cause of these unregistered births. The urban areas have 77% of all children who have their birth proofs, whereas only 56.4% of the children in rural areas have it. If you weigh the percentage of the richest wealth group with the poorest wealth group, the difference can make you dumbstruck. It is (82.3%-40.7%) 41.6%, as per NFHS-4.

Caste system and uneducated mother are a few more reasons of this happening.

In the nutshell, the new constitution has alarmed every Indian to register their child’s birth, although they live in India or in abroad. This is why the demand for this certificate is skyrocketing out of the blues.

Easy Way For Birth Certificate Translation in India

November 20, 2019 Manoj Sodhani Comments 0 Comment

The translation of any document is no big concern. But if it is about converting the language of any legal documents, like birth certificate, the professional service is mandatory. It is simply because such translations are very delicate and mandate to be skillfully done. This write-up is a guide to get the birth certificate translated in India.

Who can translate a birth certificate in India?

A minor error could end up in its rejection at the immigration office or the embassy. Therefore, you should consult with a legally licenced professional who has the authority to translate the birth certificate from Hindi to English or in any other language.

In case of India, the MEA, a short for the Ministry of External Affairs, has authorized a few agencies and the notary to get the attestation and translation jobs done. Likewise, every country has such competent authorities.

So! You should consult with someone who is an ideal translator, possessing these attributes:

The one who is qualified enough and has been certified by the government to translate, like the notary public in India.
The translator should be acknowledged of legal information and legal commissions.
The translator with a legal academic background should be preferred.
His understanding of immigration and legal matters and systems of different countries would be a plus.
He should have a stronghold over the usage of the legal language.

Can a notary translate a birth certificate?

The Indian legislation authorizes a notary public to effectuate certain legal formalities and activities, like drawing up or, validate contracts/ deed/ certificates and translate legal documents. However, his primary job is to impartially witness while detecting fraud deterrent activities.

Besides, the notary can be an ideal translator whom you can trust with not only for verification, but also the translation of the birth certificate. He follows the attributes while translating the document:

To keep the context of the certificate similar to the original document. It means that the meaning should be identical despite being that document in two different languages.
To keep the definition of the sentences unchanged, even if it is in different languages.
To take care of, even, the minor errors because it can bring severe consequences.

The translation of birth certificate from Hindi to English or Tamil to English by a notary is the confirmation for the courts that the verification is carried out by a genuine person, but not fabricated. It also acts as a proof that the individual has signed it willingly. In short, the notary public is to witness the certificate being attested, notarized, true and voluntarily drafted.

Apart from him, there are some outsourcing agencies that are authorised by the government of India. Those agencies hold legal rights for providing with the attestation, apostille and translation services. Not only do they hire expert professionals, but also, validate their licences and qualification to know about their expertise and experience.

How much does it cost to translate it?

The rate of notary for the translation of the certificate or document shall be displayed in his chamber or office. But, the cost of this service is a subject matter of revision, which can be done at any point of time.

How to Apply for Changing Name in Birth Certificate in India?

May 30, 2019 Manoj Sodhani Comments 0 Comment

New parents often mistakenly pen down their child’s name on the birth certificate. Most of them do not know that this practice is prohibited. When they go about claiming a government benefit or scheme, the government agencies reject their request. This is why the competent authority discourages this practice of the parents or any other relatives.

There is another scenario, wherein a typo error in the name of the child exists in the birth certificate. And the parents, being inattentive, keep it for a decade or more. But, a small error can lead to rejections in claiming many benefiting schemes and services. For example- your application for a passport can be disqualified.

There is good news for you if your child is above 18. You can place a request for rectifying the error.

So! What should you do?

It is a high time when you require the assistance of an expert advocate or outsourcer. However, you can fill the non-availability certificate for birth. Most probably, you have to repeat the birth certificate application process from the scratch. This is how you can apply for correcting the error in the birth certificate of your child. Here are a few tips to get it rectified:

Steps to apply for changing name in your birth certificate in India:

It’s worth mentioning that the authority of issuing a birth certificate is in the hands of the Municipal Corporation in the cities and Sarpanch in villages. Besides, the paramedical staff also issues a birth certificate.

Apply to Municipal Corporation: Since you need to apply for rectifying the name, you should visit the Municipal Corporation in your area. There,

Write a letter, mentioning the details in your old birth certificate.
Underscore the new details to replace with the old one.
Do write a brief note on why you require that change.

Enclose supporting documents: Your application should enclose some valid proofs to support it. Such documents are called supporting documents. Here is a checklist of those documents:

A notarized affidavit (in case you want the name to be changed)
Deed changing surname (if you want to change the parent’s name)
Hospital discharge certificates (if you want to change the date of birth)
What can you do if your application for changing name is rejected?

Once you submit the application with supporting documents, the registrar will verify. He may or may not approve your request. However, the submission of all valid documents leads to approval. If, due to any reason, your request is disapproved, you can file a petition called “Writ of Mandamus” in the High Court. This petition is filed to seek the reason of rejection by the Registrar.

Publish an ad: If you receive the approval, visit the local newspaper office.

Fill the form of an ad about changing the name.
Pay for publishing a small advertisement under the “public notice”.
Keep three copies of that advertisement with you.

Publish in the official Gazette: This step is a step to legalise your name. So, you have to publish it in the Government Gazette (Official Gazette, Official Journal, Official Newspaper, Official Monitor or Official Bulletin). It is a periodical publication that has been legalized to air public and legal notices. You can approach the State Gazette Office with:

Three photocopies of the change of name application along with supporting documents
Copy of the affidavit
Copy of the newspaper advertisement
Demand draft to pay the requisite fee
Attested passport sized photograph of the applicant
The content to be published in the official gazette

These documents should be self-attested and have the sign of one witness.

Processing Time: As far as the processing time is concerned, you have to wait for two months at least, from the date of application to get it published. Once it is published, pick up the copies of the published Gazette.

How Can NRIs Rectify Incorrect Date in Their Birth Certificate?

November 29, 2018 Manoj Sodhani Comments 0 Comment

The internet is flooded with the suggestions on how to change the date on your birth certificate. I was, also, looking for the same solution. Undoubtedly, forums and websites have certain defined steps. But, when it comes to viability, they seem not-so-concrete. The discrepancies are laid somewhere in the steps. I wanted the NRI solution regarding the birth proof. This want pushed me to keep exploring over and over on the web because my cousin was unable to apply for the study visa due to that error.

Finally, I got the solution. Here is what I got to know and subsequently, executed these steps to rectify incorrect date on the certificate of birth.

How to Rectify Incorrect Date in Your Birth Certificate:

I got this answer in a forum wherein lawyers participate in the online discussion. This fact gave me a push to believe in what they suggest. However, it was tough to pick up the most suitable answer that can help me. But, I tried and emerged a winner at the end.

Visit Municipal Corporation: This is the first step that directs you to visit the Municipal Corporation office nearby your house. In my case, my cousin was a resident of the south Delhi. So, he visited the MCD or Municipal Corporation of Delhi for the date of birth certificate correction legally. It’s the authority that administers this matter, along with many other documentation matters associated with the civilians of that state/union territory.
Apply for correction: The registrar/sub-registrar of the Municipal Corporation holds the responsibility to look into this matter. You should request for the application form to place the request of changing the date of birth. Fill it duly.
Supporting Documents: Now, you should have to prove that your authentic birth date is some other. If you don’t have its documented proof, as it was with my cousin, don’t let the worry put your soul down. Enclose the existing birth certificate with the application form and an affidavit. Besides, attach these documents:

Driving Licence
Passport/PAN Card
Voter ID/Ration Card
Educational Certificate, like School Leaving Certificate
Consent Letter from the hospital where you were born

Note: These documents won’t be necessary to show up because those who are born before 1986 don’t require any proof, except the affidavit. Even, you don’t need to submit the hospital discharge certificate. The sworn-statement would be enough to support on.

Bring an Affidavit: The affidavit is a sworn-document. Take a stamp paper, which costs INR 20 or may vary. Pen down all the changes in that stamp paper that you want to make in the birth proof. The composition of that affidavit should have the incorrect and the correct date in the form of an application. Input the name of your parents (mother and father) together with the address where you took birth.
Notarization: Get it authorized by the notary officer of the court. This is what we call the ‘notarization’. The notary officer signs the affidavit while verifying the requested changes.
Verify with Municipal Corporation: Show the notarized affidavit to the Registrar or Sub-Registrar of the Municipal Corporation.
Issuance: The rectified birth proof will be issued on the very date when you visit the Municipal Corporation. However, you will have to pay certain fee for this service.

This process is more or less similar to the application of the Non-Availability of the Birth certificate or NABC. It’s an alternative document of the birth certificate that is issued in case you don’t have any birth proof.

Bear in the head that this document is vital to apply for the passport and visa. Any mistake in it is considered the discrepancy, which can lead to the rejection of your visa. Even, you will have to present it for the CENOMAR or bachelorhood certificate.

S2NRI

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