CHALAKKUDY MUNICIPALITY Vs. MINOR MALAVIKA

JUDGEMENT

(1.) Law is for man and not man for law. The simple difference between man and machine is that machine follows the letter of law but man applies the spirit of law. Once this principle is properly understood, it is not difficult to understand, interpret or apply any law in a given situation. While analysing the facts of this case and the legal issues involved in the same we find the above mentioned principle would serve as a guiding spirit in deciding the case.

(2.) The Registration of Births and Deaths Act, 1969 came into force in Kerala with effect from 1.4.1970. The Act is intended to provide for the regulation of registration of births and deaths and for matters connected therewith. Section 14 provides for the registration of the name of a child on birth and Section 15 provides for correction or cancellation of entry in the register of births and deaths. The Kerala Registration of Births and Deaths Rules, 1999 came into force on 1.1.2000. The said Rules have been framed in exercise of the powers under Section 30 of the Act. Section 30(1) empowers the State Government to frame Rules providing for "the correction of errors and the cancellation of entries in the register of births and deaths". Rule 10 provides for the procedure of registration of births and Rule 11 provides for the correction or cancellation of entry in the register of births and deaths.

(3.) For the purpose of easy reference the provisions are extracted below: