PATNA
Development commissioner Amir Subhani, who is also in-charge of the department of planning and statistics, on Saturday told the Patna High Court that he would immediately review the existing system involving deputy registrar and chief registrar for collection and uploading of data and compliance to ensure publication as per the existing rules.
On Friday, the high court, which has been hearing a public interest litigation (PIL) on Covid management in Bihar, had sought to know from the state government if the Covid death figures were revised by it recently were complete. The court had sought to know why there were multiple official websites for data on births and deaths offering different figures.
“I am new to the department and the review has so far not been done at my level, but now I will do it on a priority basis to ensure how it could be done in a better way and to the satisfaction of the court,” he told the bench of Chief Justice Sanjay Karol and Justice Sanjay Kumar which is hearing the matter.
Subhani also said that he had talked to the additional chief secretary of the panchayati raj department and the principal secretary of the urban development department and both the departments were not maintaining any portal regarding birth and death registration and that the only portal for it was the centralised Civil Registration System (CSR) of the Registrar General of India, which has limited viewing option. “It also publishes a statistical report on the registered births and deaths during the year at such intervals and in such form as may be prescribed,” he added.
{{/usCountry}}Subhani also said that he had talked to the additional chief secretary of the panchayati raj department and the principal secretary of the urban development department and both the departments were not maintaining any portal regarding birth and death registration and that the only portal for it was the centralised Civil Registration System (CSR) of the Registrar General of India, which has limited viewing option. “It also publishes a statistical report on the registered births and deaths during the year at such intervals and in such form as may be prescribed,” he added.
{{/usCountry}}Advocate general Lalit Kishore said it was the duty of the family to inform the authorities concerned about any birth and death on the basis of which data compilation is done. “The compilation of revised figures was done through a special drive ordered by the chief secretary in the light of the court order,” he said.
Citing the provisions under the birth & death registration act, Bihar municipal Act and the Bihar panchayati raj Act, the AG said the designated registrar was just responsible for documenting the information given by the family regarding birth and death. “There is no provision in the legislation that makes it mandatory for public functionaries to go and collect data moving from house to house or village to village. It is the applicant who has to file an application in prescribed format for registration. The hospitals and some other institutions have also been authorised to issue certificates,” he said.
However, amicus curiae Mrigank Mauli and Parul Prasad asked how could the state arrive at death figures if many families could not even apply for registrations and if the state was under no obligation to compile the data.
The bench said what was important was the spirit of the Act, which delegates authority for registration right up to the level of panchayat and make compulsory registration of every birth and death. “Many people may have applied for death certificates but not got it so far. If the deaths took place at home, who reported this? During the pandemic, it is the duty of the public representatives to report to the authorities concerned with regard to deaths, as they happen to be closest to the people of the area. The government should on its own display it in digital era,” it said.
The bench also cited “duty of certain persons to notify births and deaths and to certify cause of death”, as laid down in the Act. “It is the need of the hour that transparency is maintained and information is disseminated. In the digital era, can Bihar not modify rules for the sake of the people? We are not to legislate, but we will say this is a 1969 Act and we are in 2021,” it said.
The AG said while the government was doing its job, a perception was being built in the media that it was hiding figures. “The fact is that after Bihar, other states are also going in for verification of data. It was an eye opener for other states,” he said.
However, the chief justice said the media was doing its job and reiterated the need for transparency in dissemination of information.