In a recent court decision, the Bombay High Court directed the Municipal Corporation of Greater Mumbai (MCGM) to issue a death certificate without stating why the person died. This judgment was made in the case of Minaxi B. Parmar vs. The State of Maharashtra and others.
Minaxi B. Parmar, the person who brought the case, asked the court to make the MCGM issue a death certificate for the late Mr. Narendra Tansukhlal Shah. She wanted the certificate without mentioning why he died, following the rules.
Mr. Mandar Soman, speaking for Minaxi B. Parmar, argued that according to Section 17 of the Registration of Births and Deaths Act, 1969, the reason for death should not be shown in the death certificate. This section allows people to get copies from death records but stops them from seeing why the person died.
"No extract relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register."
Mr. Akshay Patil, speaking for one of the other parties in the case, argued that the current death certificate does not show why the person died. He suggested that what Minaxi B. Parmar wanted might not be allowed unless the reason is given or ordered by the authorities.
The judges, M.S. Sonak and Advait M. Sethna, decided in favor of Minaxi B. Parmar. They ordered the MCGM to issue the death certificate without stating the reason for death, as per the rules. The court emphasized that the certificate should be given within two weeks of the order being made public.
The court made it clear that this decision does not affect any other arguments or legal matters related to the case. It only deals with giving out the death certificate according to the law.
"We clarify that we have not adjudicated, even remotely, any rival contentions concerning letters of administration or any other disputes between the parties."
The court's decision highlights the importance of privacy in death records and ensures that the rules are followed.
