There is an urgent requirement to amend the rules governing reconstruction of registers and records rules, 2008.
The bulk of document requested by taluka sub-registrar offices, municipalities and village panchayats authorities in matters related to reconstruction and/or correction of birth, death and marriage records is cumbersome and almost defeats the actual purpose of the act.
The damaged birth, death and marriage records are not due to fault of the general public. It is due to total failures and negligence of the successive governments in Goa since Liberation 1961. Custody and safe keeping of documents rests with the government administration.
At present, if an individual wants to reconstruct and/or correct his/her parents birth and marriage records then several documents are requested. Why the government administration demands NOC on stamp paper from rest of the siblings of the applicant? Why the government administration demands copy of deed of succession? If the applicant can satisfactorily demonstrate the link to his/her parents it is sufficient evidence and does not require other siblings consent on affidavits and neither requires copy of deed of succession. If any errors appear in the reconstructed or corrected document, then the applicant should be held responsible and accordingly penalized for misguiding the authorities. But before taking action on the applicant, due diligence is a must on the part of the applicant and the government administration officers before accepting the application. Further due diligence is required before finally issuing the reconstructed and corrected documents.
Can you imagine if the siblings of the applicant don’t wish to co-operate. In such a situation, it is pure harassment and denial of ones rights. Siblings can settle scores and stall the entire process of reconstruction and/or correction of document temporarily or permanently which shall have direct bearing on the applicant’s fundamental rights.
Other issue of grave concern is the demand of latest issued documents such as civil marriage certificate and birth certificate in cases related to correction of names in birth, death and marriage records. Imagine if the actual records with the government administration are not available or likely destroyed then from where shall the applicant manage to get all these requested latest documents? The government administration should and must entertain any old issued birth and marriage documents subject to notarization. Also, the government should and must accept any old issued birth and marriage Portuguese teor subject to notarization.
By amending the reconstruction of registers and records rules, 2008 the general public will benefit a lot and essence of the act will be fulfilled. Also, unwanted trips to the government offices will be lessened.
