When it comes to the history of personal event registration, the Churches of Europe deserve recognition. Pastors in the United Kingdom used to name children, perform marriages, and assemble during cementation, all of which were kept as documents safely inside the church.
During 1522, the head of the church issued an order to keep weekly records of such instances. Then in 1938, Thomas Brambel issued an order to do so.
It began simultaneously in Sweden, Canada, Finland, and Denmark in the years 1608, 1610, 1628, and 1648, respectively. While our neighbouring country, India, began documenting in 1866, it was only made compulsory in 1969. In Nepal, the Village Panchayat Act 2019 was enacted, formalising the registration of personal events.
However, the Act was not fully implemented. The Central Department then began the Pilot Registration Project in 2021 BS. In 2031BS, the World Population Conference in Bukharest, Romania, urged member nations to collect and analyse population statistics. Additionally, the Birth, Death, and Individual Events (Registration) Act was enacted in 2033 to register events.
This act covers the registration of births, marriages, migrations, divorces, and deaths, as well as the reporting of incidents. While many individuals experience individual events, these are not legally considered events.
Section 2(a) of the Birth, Death, and Individual Events (Registration) Act of 2033 defines individual events as any person’s birth, death, marriage, divorce, or migration. This Act facilitates the legal documentation of specific occurrences by assisting in their registration.
Even though the Act was enacted in 2033 to register births, deaths, and individual occurrences, numerous Rajpatra were published to get the process started. Rajpatra was last published in 2047BS and has since expanded throughout Nepal.
This Act, as well as the Birth, Death, and Individual occurrences (Registration) Rules, 2034, enacted under it, are concerned with individual occurrences.
Birth registration is a legal process. After a child is born, family members use cultural ceremonies to name them, similar to how individual events are registered. Birth registration is done through local bodies established by legislation. The certificate supplied by Local Bodies confirms that the events have been registered.
Registration allows the child’s name to be legally recognised. Even though the birth registration statute was not enacted until 2033 BS, the practice of noting and memorising a child’s name and birth date dates back to antiquity.
After a kid is born, the eldest member in the house records the infant’s name, birth date, and time. The priest then creates a kundali and keeps it secure.
Additionally, it has been observed that individuals tend to recall past incidents related to childbirth. For example, someone born in 1990 BS claims to have been born around the time of the earthquake.
According to the Act, the municipal registrar has the ability to register individual events. Anyone who lives in a village or municipality can register their child’s birth with the Registrar department. Orphaned children can obtain a birth certificate through the organisation, and the local registrar can register such events and issue certificates to anyone involved.
The act mandates that child births be registered within 35 days. Alternatively, the registrar can register it for a fee of Rs.50.
If the child was born outside of Nepal, the associated individual should provide this information within 60 days of arriving in Nepal.
To correct registered age, name, and caste, a related person can fill out a form and submit it to the local registrar within 6 months. If necessary, the local registrar can perform an inquiry and identify the problem in the previous certificate, after which the information can be corrected for free.
Migration Registration
It refers to moving from one permanent abode to another location. According to the Birth, Death, and Individual Events (Registration) Act, 2033, migration is defined as the act of transferring from one village municipal or municipality to another, or migrating from or to a foreign country for more than 6 months. From a legal standpoint, the true migration is one that has finished the process lawfully.
The United Nations Multilingual Demographic Dictionary defines migration as follows:
Migration is a type of geographical or spatial mobility between geographical units, characterised by a change of residence from the place of origin or departure to the site of destination or arrival.
Types of migration
Internal migration is the process of moving from one geographical area to another within a country.
Outside migration is the process of moving from one country to another.
Types of Migration
a. Temporary migration
the process of returning to one’s original location after some time away. This makes no significant change in terms of society, economics, or population.
Permanent migration
The process of never returning home and living in a new location by disrupting economic and societal relationships. This significantly impacts society, including the economy and people.
Reasons for migration
a. Economic rationale
People move from one location to another for a variety of reasons, including a lack of food, fertile land, and industries.
b.Social Reason
Due to marriage, relocation from village to city for higher education, social culture, family quarrel, caste discrimination, lack of dignity, and so on.
c. Political reason.
Political upheaval in the country, torture, evasion of penalty, war, apartheid, etc.
d.Natural Reason
Natural disasters can occur anywhere in the country, including deterioration, landslides, earthquakes, and so on.
e. Population reason
People tend to relocate when the settlement’s population grows and urbanisation occurs.
f. Religious Reason
People relocate to perform their own culture. For example, during the Rana dynasty, elderly people would travel to Kashi, India, for religious rituals.
Muslims travel to Saudi Arabia to perform the Hajj, Buddhists to Lumbini and Dharmasala, Hindus to Devghat, and so on.
The local Registrar has jurisdiction over migration registration, as per the Birth, Death, and Individual Events (Registration) Act, 2033.
In each village municipal, a secretary is allocated to the local Registrar, whereas in the municipality, a Registrar is appointed to record the migration.
To offer a notice of migration registration, the principal person of the migrating family or a related person can fill out the form and file it with the local Registrar office.
In each village municipal, a secretary is allocated to the local Registrar, whereas in the municipality, a Registrar is appointed to record the migration.
To offer a notice of migration registration, the principal person of the migrating family or a related person can fill out the form and file it with the local Registrar office.
Then the local Registrar shall check the form.
If everything is correct, print the thumb and note the occurrences in the record book.
If the person is illiterate, the local Registrar should fill out the form as instructed, print the thumbprint, and record the occurrences in the record book.
When to Register Migration
According to the Birth, Death, and Individual Events (Registration) Act of 2033, the act of migration must be registered with the local Registrar office within 35 days. After 35 days, the Registrar can record the migration if the Rs.8/- charge is paid.
In circumstances beyond the Registrar’s control, if such an event is not registered by the required date, the Registrar may fine Rs. 25/- and register it.
Death Registration
Death is a natural occurrence. Nobody in this universe is immortal. Someone’s life is longer, while others’ are shorter. In general, death refers to the end of a person’s life due to a variety of incidents and circumstances. In our country, deaths due to disease, starvation, accidents, or old age are legally significant as they impact property and social situations.
Death is a subject that is connected to both civil and criminal law. The majority of non-natural death discussions focus on criminal laws. After a person’s death, the associated person should notify the local Registrar and register the event.
Jurisdiction for Death Registration
According to the Birth, Death, and Individual Events (Registration) Act of 2033, the Registrar and local Registrar have the right to register.
One Registrar is assigned to each central level, village municipal, and municipality.
Anyone who lives in a village or municipality can obtain a death certificate from the Registrar’s Department.
Right to Give Notice
The notice should be given by the family’s primary member; if no one is present, a connected individual can deliver the notice by filling out the complete form and filing it with the local Registrar.
Then the local Registrar shall check the form.
If everything is correct, print the thumb and note the occurrences in the record book.
If the person is illiterate, the local Registrar should fill out the form as instructed, print the thumbprint, and record the occurrences in the record book.
Classification of death
While there are no restrictions, the following classifications are used:
The Birth, Death, and Individual Events (Registration) Act of 2033 limits the registration of deaths.
Limitations on death registration
According to the Birth, Death, and Individual Events (Registration) Act of 2033, the act of migration must be registered with the local Registrar office within 35 days.
If the death occurred outside of Nepal, the linked individual must make notice within 60 days after arriving in Nepal.
After 35 days, the local registrar can register the migration for a charge of Rs.25/-. Thus, birth, death, marriage, divorce, and migration are legally recorded as separate events. Registration certificates provide proof of event registration. This certificate can be shown in any judicial proceeding, office, or for personal use.
If a certificate is obtained through a false description and proven to be fraudulent, it will be invalid.
If a certificate is obtained based on incorrect information, it will be cancelled.
Event registration fees
The municipal Registrar will register the events free of charge and provide certificates. However, if any person arrives for registration inside the 35-day period, he or she will be penalised Rs.8/- and must then register for the event. When the given date is surpassed, a maximum fine of Rs.80/- is imposed.
To update the description of a registered event, the relevant person must submit an application to the Local Registrar, outlining the reasons for the change and providing the certificate of the previous event. The local Registrar then requests a revision to the certificate and registration book. This costs Rs. 1/-.
Copy of the certificate
If the original event registration certificate is lost for whatever reason, the linked individual can apply for a copy at the local registrar’s office. The local registrar will record a copy of the certificate in the registration book and pass it on to the relevant person. A copy of the certificate costs Rs. 5/-.
Punishment
During event registration, no hard times or misleading descriptions are permitted. If evidence of such behaviour is uncovered, the registration will be deleted and the perpetrator may face a fine of Rs.100/- or up to one month in jail.
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