Madras HC Says Section 15 Covers Name Substitution, Orders Disabled Son’s Birth Record Changed To P. Mukesh Bala

The petitioner sought correction of his son’s name in the birth register maintained by Melur Municipality, from “Murukesh Bala” to “P.Mukesh Bala.”

The son’s Aadhaar, disability and school records, and a Tamil Nadu Government Gazette publication, reflected the name “Mukesh Bala.”

The Municipality rejected the request, stating that there was no statutory provision for the change and that the Gazette publication was sufficient.

The petitioner challenged that decision under Article 226 of the Constitution.

He also relied on the son’s intellectual disability and the difficulties caused by the inconsistent name across records.

Section 15 of the Registration of Births and Deaths Act, 1969 permits the Registrar, on being satisfied that an entry is erroneous in form or substance, to correct the error or cancel the entry by a suitable marginal entry without altering the original entry.

Rule 11 of the Tamil Nadu Registration of Birth and Death Rules, 2025 prescribes the procedure for corrections under Section 15, including correction of an error in substance on production of a declaration setting out the error and the true facts, supported by two credible persons with knowledge of the facts.

The Court relied on M. Pandi Selvi v. District Collector and two others, W.P.(MD) No. 16444 of 2025 (19 June 2025), which held that “correction or cancellation” under Section 15 includes substitution of a name.

Applying the interpretation in M. Pandi Selvi, the Court rejected the respondents’ position that Section 15 does not permit a name substitution.

It held that the statutory expressions “correction or cancellation” encompass substitution of a name in the birth register.

The Court also noted that the son’s other records reflected “P.Mukesh Bala” and that retaining “Murukesh Bala” only in the birth certificate would cause difficulties, particularly given his disability.

The Municipality’s refusal was therefore unjustified.

It directed the second and third respondents to correct the birth register by changing the son’s name from “Murukesh Bala” to “P.Mukesh Bala” and thereafter issue a corrected birth certificate.

The exercise was to be completed within six weeks of receipt of the order; no costs were awarded.