The Bombay High Court’s Nagpur bench has issued a notice to the Maharashtra government on a petition challenging its decision to cancel all birth certificates issued by naib tehsildars after August 11, 2023.
The court, in its September 9 order, directed the state and senior officials including the chief secretary and district collectors to file replies within two weeks. The notice came in response to a plea filed by the Association for Protection of Civil Rights (APCR).
The petition assailed the state’s Government Resolution (GR) of March 12, 2024, and a subsequent order dated March 17, which directed the cancellation of all such birth certificates. APCR contended that the directives were “arbitrary, illegal, and violative” of the Registration of Births and Deaths Act, 2023, as well as the constitutional guarantees under Articles 14, 19, and 21.
APCR general secretary Shakir Shaikh told the court that the order caused immense hardship to citizens, particularly the poor and underprivileged, since birth certificates are essential for availing crucial services like Aadhaar enrolment, voter ID registration, school admissions, and passport issuance. The petition argued that the cancellation was carried out without granting affected individuals a hearing, in violation of principles of natural justice.
The case was argued by advocates Firdous Mirza, Sayed Owas Ahmed, F. Kashif, and Shoaib Inamdar on behalf of APCR.
The cancellation order followed claims by BJP leader Kirit Somaiya alleging that thousands of fake birth certificates had been fraudulently obtained by Bangladeshi nationals to secure Indian citizenship. Acting on these allegations, the state government directed mass cancellation of certificates issued after August 11, 2023.
The high court will next consider the state’s response to the petition before proceeding further.
