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Legal Method For Applying Non-Availability Of Birth Certificate (NABC)

When a child does not have a birth certificate, he/she may be denied access to ancillary services like health care and education. A lack of identification and support will eventually make life more difficult for children as they grow up.

The Registrar General, India is the central authority to unify and coordinate the registration work in the country, likewise, each State has a Chief Registrar of Births and Deaths who has the overall accountability of organizing, combining, and controlling the work of registration. The local registration centers are managed by Registrars and Sub-Registrar of Births and Deaths who are at the grass-root level.

One of the major challenges in promoting birth and death registration in the country is the low importance given to the work of registration from either the Health Department or the Local Self Government Department (Panchayat Department). And lack of awareness and knowledge about the need and significance of registration among the people also enhances the complexity for the future.

Afterward, it becomes a herculean task to get an original birth certificate if your birth has not been officially recorded at the time of birth that is within 21 days or 30 days of birth. It becomes difficult to get admission to school or college. And also to get all other documents like Aadhar card, voter ID, PAN card, passport or visa, and also to claim the right to marry at the legally permitted age, settlement of inheritance, and property rights.

Those born after 26 January 1989 need to compulsorily provide birth certificates when applying for an Indian passport.

Provision of NABC in the Registration of Births and Deaths Act
Here, comes the non-availability of a birth certificate (NABC) which will help to rescue you from this problem and will quite simplify the process of getting an original birth certificate. NABC is an official statement stating that the birth record of a particular person is not available. Section 17 of the Registration of Births and Death Act, 1969 provides for this provision that the birth record of the particular person is checked and is not available in the register. It is the legal document that certifies the registration of unregistered birth. And till the time a person does not have a birth certificate NABC will fulfill the requirement. This document comes under civil rights.

Process of getting an original birth certificate.
Authorities empowered to issue the certificate

In Urban Areas:
The Municipal Corporation of the zone which the person chose has been assigned this work of issuance of birth certificate. The Deputy Health Officer in the Municipal Corporation is the competent authority to issue the certificate. If the deputy health officer is absent from the office visit any vaccination centre that comes under the state government the sub-registrar can also issue the certificate in this situation.

In Rural Areas:
Para-medical staff is there in every village that has been authorized for the issuance of the certificate. And the Tehsildar at the Taluka level is also authorized to issue this certificate. And the person could also visit the Gram Panchayat Office in his village and get the certificate from there.

For Non-resident Indian born before 1969 when the registration rule came into effect, the Indian consultants can issue the NABC certificate.

What all documents are required in the whole process?
Getting an affidavit is the priority for you to have this certificate, you can also contact a lawyer for this process as this process takes some time and he will make it easier for you as he will help you in this process.

In furtherance, for the court verification you should have the following documents:
  1. 10th class mark sheet/ school leaving certificate
  2. PAN card/ voter id/driving license/Aadhaar card
  3. Address proof
  4. Photographs of the child and parents

Also, have 1 extra copy of all these documents. These documents will be cross-checked by the Magistrate, he will issue an affidavit with a notary stamp to Registrar to register the birth and issue the birth certificate.

How to apply directly?
Direct method:
Visit the Health officer in your Municipal Corporation or the Registrar of birth and death in the Registration office that will provide you with an application form to be filled. Its format and content may differ sometimes. During the submission, an applicant should also annex the notification of the gazette officer along with the affidavit obtained.
There may be some critical situations where the birth took place in

Home:
The nearby vaccination centre will be the appropriate destination to get this certificate but this will require a letter from the head of the family and 2 other witnesses who were more than 10 years of age at the time of birth.

Vehicle:
Application has to be made in the registration centre where the vehicle stopped first with the proof of letter by in charge of the vehicle.

Jail:
If the birth took place in jail, a letter issued by the jail in charge is proof.
Dharmashala/boarding house: If the birth took place here, even years ago letter issued from the head of Dharamshala/ Boarding house will serve the purpose of proof to apply in MC.

Payment
The government does not charges for the issuance of a birth certificate if it was registered within 21 days of birth but the NABC is chargeable and the cost is variable as per the norms of the state government. The payment is to be made through draft or cash.

Verification process
Police verification is essential for passports, visas, and jobs. The inquiry may stretch from a week to a month or more. After verification, the applicant will get the certificate in two to three months.

How you can apply Online?
  1. You have to visit the official website of the Municipal Corporation of your state.
  2. Get yourself registered because to access online services you have to first register which will require your Aadhaar card or voter ID.
  3. You can download the soft copy of the NABC from the website with the title and issuance of delayed birth order as well. Fill it with valid details.
  4. Scan and upload address proof, ID proof, and any other document if required to support your application.
  5. Pay the fee after all the documents are submitted, the online payment can be done through debit or credit card or you can opt for direct payment at the office.
  6. Get the reference number which will be auto-generated after successful submission. It will be used later.
  7. The registrar will verify your application and will deliver a message about the appointment date and time. Make sure to be present there on the assigned day and time. After some time you will get proof of your birth.
Conclusion
The validity of the documents enclosed is scrutinized through several step processes. During the inquiry which may go for a week or month, the person needs to have some patience. NABC can be used as a license to get the original birth certificate until that time it will serve the purpose.

The Municipal Corporation or the Paramedical staff in the village as the case may be are the authorities for issuing the certificate and it can also be applied online. The affidavit of the magistrate to get the birth registered is also an important step for which a lawyer can help. So, it is possible to get the original birth certificate easily if the birth remained unregistered.

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