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Birth Certificate-Marriage Certificate-PCC

What is a birth certificate and why is it essential?

Birth Certificate

A birth certificate is the most important identity document that makes it possible for anyone in possession of it to benefit from a gamut of services offered by the Indian government to its citizens.

It becomes necessary to obtain a birth certificate because it serves to establish the date and fact of one's birth for a whole range of purposes, like acquiring the right to vote, admission to schools and to the government service, claiming the right to marry at the legally permissible age, settlement of inheritance and property rights, and obtaining government-issued identity documents like a driving licence or passport.

The legal framework in India, it is mandatory under the law (as per the registration of births & deaths act, 1969) to register every birth/stillbirth with the concerned state/ut government within 21 days of its occurrence.

The government accordingly has provided for a well-defined system for registration of birth, with the registrar general at the centre and the chief registrars in the states, running through district registrars to the village and town registrars at the periphery.

What is a marriage certificate and why is it needed?

A marriage certificate is the proof of registration of a marriage. The need for a marriage certificate arises in case you need to prove that you are legally married to someone, for purposes like obtaining a passport, changing your maiden name, etc.

Legal framework in India, a marriage can be registered under either of the two marriage acts: the hindu marriage act, 1955 or the special marriage act, 1954. To be eligible for marriage, the minimum age limit is 21 for males and 18 for females.

The parties to a hindu marriage should be unmarried or divorced, or if previously married, the spouse by that marriage should not be alive. In addition, the parties should be physically and mentally healthy and must not be related in a way prohibited by the law.

The hindu marriage act is applicable only to the hindus, whereas the special marriage act is applicable to all citizens of India.

The hindu marriage act provides for registration of an already solemnised marriage. It does not provide for solemnisation of a marriage by the registrar. The special marriage act provides for solemnisation of a marriage as well as registration by a marriage officer.

What you need to do to obtain a marriage certificate?

Under the Hindu marriage act:
parties to the marriage have to apply to the registrar in whose jurisdiction the marriage is solemnised or to the registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage.

Both the parties have to appear before the registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the registrar, and thereafter by the district registrar concerned.

Under the special marriage act:
the parties to the intended marriage have to give a notice to the marriage officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice.
It should be affixed at some conspicuous place in his office. If either of the parties is residing in the area of another marriage officer, a copy of the notice should be sent to him for similar publication.

The marriage may be solemnised after the expiry of one month from the date of publication of the notice, if no objections are received. If any objections are received, the marriage officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it. Registration will be done after solemnisation of the marriage.

Any marriage already celebrated can also be registered under the special marriage act after giving a public notice of 30 days, subject to conditions. However, as stated above, the bridegroom and the bride must have completed 21 years and 18 years of age respectively.

Passport

The consular passport and visa (cpv) division of the ministry of external affairs is responsible for issuance of Indian passport to the Indian citizens. This document is issued from 28 locations across the country and 160 Indian missions abroad. The passport can be applied in the passport office, having your present address area in its jurisdiction.

To apply for a passport, you have to obtain an application form from the passport office or the designated speed post centres or any of the designated outlets in your city. Along with the duly filled application form, you have to submit proof of residence, date of birth, change of name, documents for ecnr, expired passport (if any), passport size photographs etc.

All self-attested copies of certificates/documents would be checked against originals at the passport office at the time of submission of application. A gazetted officer should attest copies of certificates/documents sent by post.

The normal time taken for issuance of a passport is five to six weeks. However in case of an emergency you can apply for a fresh or duplicate passport under the 'tatkaal' scheme. The tatkaal scheme allows passports to be issued on payment of additional fee over and above the normal passport application fee. The 'tatkaal' scheme would only be applicable in cases where either the police verification report is not required (minors less than 15 years of age) or where a passport can be issued on post police verification basis (duplicate passport/re-issue of passport without change in address, government servants with NOC and their spouses and applications with verification certificates).

Police Clearance Certificate (PCC)

Police Clearance Certificate (PCC) is issued by Police department, certifying the person's criminal record with the Gujarat police. It is generally required when a person applies for a visa/ permanent residency. However one may require this certificate for other purposes viz. employment. Foreign nationals may also apply for PCC for their stay in India. Such applicants are required to mention the period of their stay in India. Documentary proof of stay is also required which may be Study/Work certificates etc.