Requirement of Aadhaar number for Registration of Death of an Individual.
The Aadhaar number will be required for the purpose of establishing the identity of the deceased for the purpose of Death registration w.e.f 1st October, 2017. In a notification issued today the Registrar General India (RGI), Ministry of Home Affairs has said the use of Aadhaar for the applicants of Death Certificate will result in ensuring accuracy of the details provided by the relatives/ dependents / acquaintances of the deceased. It will provide an effective method to prevent identity fraud. It will also help in recording the identity of the deceased person. Further, it will obviate the need for producing multiple documents to prove the identity of the deceased person.
The RGI has further directed concerned Department in the respective State/UT responsible for registration of birth and death to ensure compliance by concerned registration authorities and a confirmation to this effect by on or before 1st September 2017.
The above provisions shall come into effect immediately for residents of all States except J&K, Assam & Meghalaya for which a date will be notified separately.
The RGI, in exercise of powers conferred under Section 3(3) of the Registration of Birth and Death Act, 1969, directed that the Aadhaar number will be required for the purpose of establishing the identity of the deceased for the purpose of Death registration in the following manner:
An Applicant applying for death certificate is required to provide Aadhaar number or Enrolment ID Number (EID) of the deceased and other details as sought in the application for death certificate for the purpose of establishing the identity of the deceased.
An Applicant who is not aware of the Aadhaar number or Enrolment ID Number (EID) of the deceased will be required to provide a certificate that the deceased person does not possess Aadhaar number to the best of his/her knowledge and it should be duly informed and also prescribed that any false declaration given by the applicant in this regard will be treated as an offence as per the provisions of the Aadhaar Act, 2016 and also Registration of Birth and Death Act, 1969. Applicant’s Aadhaar number shall also be collected along with the Aadhaar number of the spouse or parents.
The RGI notification follows provisions of the Aadhaar Act and Regulations framed there under that have come into effect from 14th September 2016 and notifications to this effect have been published in the Official Gazette. Section 57 of the Aadhaar Act 2016 permits the use of Aadhaar number for establishing the identity of an individual for any purpose pursuant to any law or any contract to this effect.
The registration of births and deaths are being done under the provisions of Registration of Births and Deaths (RBD) Act, 1969 and the corresponding Rules made thereunder by the State Governments. The office of the RGI is the central authority to coordinate and unify the activities of Chief Registrar of birth and deaths of States/UT’s in respect of registration of births and deaths. The extract/certificate of birth and death are issued by the registering authority notified by the State/UT Governments under section 12 and 17 of the RBD Act, 1969. These are issued on the basis of entries collected through birth and death reporting forms prescribed by the State Government.
There are News Paper reports that the person informing the death also have to provide his/her own Aadhaar No. and that of the deceased wife/Father/Mother.
It is mentioned in the above article –
“Applicant’s Aadhaar number shall also be collected along with the Aadhaar number of the spouse or parents.”
Is it of the applicant or the deceased?
There will be cases of a deceased parents being already dead even before invent of Aadhaar; the deceased may not be in talking terms with his wife and seeking divorce and the spouse unwilling to give the Aadhaar No. Is it not sufficient to give the Aadhaar of the deceased?
The applicant may be a son who is a Foreign citizen, as in my case, in which event neither he nor his wife will be entitled to Aadhaar..
The Govt seems to be in a hurry and does not appear to think deeply all the implications.