The Allahabad High Court has strongly criticized the state of affairs regarding the issuance of birth certificates in Uttar Pradesh, terming the system a “mess” and observing that it appears anyone can procure a certificate with any date of birth they desire. The Division Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta, in the case of Shivanki vs. Union of India And 2 Others (Writ-C No. 40200 of 2025), directed the Principal Secretary, Department of Medical and Health, to file a detailed affidavit explaining how such anomalies exist and what steps are being taken to rectify the system.
Case Background and Factual Matrix
The matter came before the Court regarding the petitioner, Shivanki. Although the State Government was not originally a party to the petition, instructions dated November 17, 2025, were submitted by the Deputy Director, UIDAI Regional Office, Lucknow.
These instructions annexed two separate birth certificates belonging to the petitioner, issued by the Registrar of Births and Deaths but from two different locations with conflicting details:
- First Certificate: Issued by the Registrar of Births and Deaths at the Primary Health Center, Manauta. This certificate recorded the petitioner’s date of birth as 10.12.2007, with the date of registration and issuance being 21.08.2020.
- Second Certificate: Issued by the Gram Panchayat at Har Singhpur. This document recorded the petitioner’s date of birth as 01.01.2005, with the date of registration being 14.11.2022.
Court’s Analysis and Observations
Upon reviewing the conflicting documents, the Bench expressed serious concern over the credibility of the system. The Court noted that the existence of two validly issued certificates with different dates of birth for the same individual indicated a systemic failure.
In a stern observation, the Court stated:
“Prima facie, it’s a mess. It appears that anyone at any point of time can get a date of birth certificate issued with whichever date they want from wherever in the State.”
The Bench further remarked on the implications of such easy access to fabricated documents, noting:
“In one way, this shows the extent of dishonesty existing at all levels, and how easy it is to get these documents made which can be used as strong prima facie evidence of the facts stated therein, even for criminal prosecutions.”
Directions Issued
To address the issue, the Court exercised its jurisdiction to implead the Principal Secretary, Department of Medical and Health, as respondent no. 4 in the petition. The Court directed the Principal Secretary to file a detailed affidavit covering the following points:
- Explanation of Current Affairs: An explanation regarding the state of affairs specifically in relation to the issuance of birth certificates within the department.
- Fraud Prevention: The steps or provisions currently existing to ensure that fraudulent certificates cannot be issued.
- Systemic Rectification: Suggestions on what steps the department proposes to take forthwith to “rectify this anomaly existing in the system and ensure that only one birth certificate is ever issued.”
The Court emphasized that, as of date, the system appears broken, allowing certificates to be issued from any center in the State with any date.
The Court has listed the case to be heard as fresh on December 10, 2025, by which time the affidavit must be filed. Counsel Sri Manoj Kumar accepted notice on behalf of the newly impleaded Principal Secretary.
