President of The Advocates’ Association, Bengaluru Mr. Vivek Subba Reddy in his statement he said, The recent amendment in AUGUST 2023 of the Registration of Birth and Death Act transferring the power to enquire the date of birth from judges of Magistrate and Munsiff courts to assistant commissioners of revenue departments in India is a dangerous step and against the interests of the Nation. The Advocates Association has requested the Hon ble union minister Sri Amith Shah to withdraw this legislation.
Under the Act as it stood from 1970, those who fail to register their date of birth or Death within one year must file an application before the magistrate court for registration.
A judicial enquiry will take place before the magistrate on the date and year and place of birth with verification of the tombs of parents of the persons seeking death certificates and the tombs of dead persons seeking death certificates and based on evidence from the village in India where he is born or dead the certificates are declared and issued by the courts by judicial orders.
But however by amendment in August 2023 this power is now given to assistant commissioners or sub divisional magistrates or revenue courts. Due to high corruption in revenue department from past two decades there is no guarantee that these courts will deliver justice and give true authentic certificates based on correct facts. In Bangalore arrested due to itself 3 Deputy commissioners themselves were corruption scandals in writing judgments. A sad situation has been reached today where every order in the revenue courts has to be purchased. The famous quote in revenue courts is Show me the land and I will tell you the price for the orders “. There is no honesty and
integrity in these courts. This is a shocking reality of revenue courts anda to give these courts the right to make birth and death enquiries is very dangerous and against the interests of Bharath. The Assistant Commissioners are also under the political influence of politicians and they will give any order if their politician or minister directs.
This will allow millions of illegal immigrants who are presently residing in India to falsely claim that they are born in India and get certificates by bribing the officers. This is a step which will also nullify the erase the effect of the National Register of Citizens as illegal immigrants can get bogus certificates from revenue offices. By this there will be bogus claim of citizenship which will adversely affect the interests of the nation.
We have requested the Hon’ble Prime Minister of India Sri Narendra Modi and the union home ministry which brought this amendment to withdraw the same and restore the earlier procedure of obtaining certificates from judicial courts.
DELAY IN CASE POSTINGS IN HIGH COURT
In the recent past advocates are experiencing serious delays in postings of matters before the High court. Though memos are being moved repeatedly cases are not being posted. There have been many instances of advocates not being able to get their matters posted though matters are moved for posting 5 to 6 times. The registry of the High Court has to be more efficient in administration as delay would affect the dispensation of justice..
We hope the chief justice of Karnataka would direct the registry to be proactive and responsive to litigants in this regard. There is also an necessity to activate the vigilance dept of the high court against court staff who are not responding. General Body of Advocates will be called to Adress this issue.
NEED TO IMPROVE INFRASTRUCTRE IN COURTS
The Advocates Association Bangalore requests the Government of uataka to improve the infrastructure available in courts. The rest rooms for public in all courts need very serious transformation and are in a very bad and degraded condition. There are no proper facilities for both lawyers and public in courts. We request the Hon ble law minister of Karnataka to look into these issues and solve them on an emergent basis.
CONDEMNING THE HAPUR ATROCITIES AGAINST ADVOCATES BY POLICE
The recent incidents of atrocities against the advocate s by the police at Hapur District in UP is condemnable and the entire legal fraternity in Karnataka joins in solidarity with the advocates at Hapur. Many Lawyers have suffered serious injuries due to this.
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