Sri Lanka has a national level agency, called the Registrar General’s Department that is responsible for procedures of birth and death registration, and stillbirth reporting. The Births and Deaths Registration Act 1954 (BDRA) is outdated and does not reflect modern day practice of birth and death registration or stillbirth reporting. For instance, Part V of the BDRA applies to estates in Sri Lanka, which have a different process of registration under the law. However, Part V is obsolete and no longer in force.
Sri Lanka’s primary legislation on CRVS governing birth registrations is the Births and Deaths Registration Act 1954 (BDRA), last amended in 2013. Amendments to the law have largely been for procedural aspects such as fee amounts and penalties, rather than major reforms. The forms used for declaration and notification of births are provided in the BDRA, however, we are aware that newer forms are used in practice that are not reflected in the legislation. These forms are issued through circulars by the Registrar General’s Department and Ministry of Health that govern the registration procedure, and role of health sector in the process.
Our legal analysis of Sri Lankan laws reveals that under the law, birth registrations are universal, compulsory, and free. There are clear processes laid in the law governing the registration procedure. The roles for informants and the health sector are also clearly identified.
The Births and Deaths Registration Act 1954 (BDRA) governs procedures for death registrations in Sri Lanka. The forms used for death registrations have been updated in practice through Ministry of Health and Registrar General’s Department issued circulars, which are not reflected in the primary legislation. There is an increased role of the health sector in registering deaths through these updated circulars.
Death registrations are compulsory, available and free for all deaths occurring in the territory of Sri Lanka. There are clear procedures laid in the law governing the death registration process. Roles of informants and health sector are clearly identified.
The Births and Deaths Registration Act governs medical certification of causes of death, by imposing the legal duty upon medical officers to issue Medical Certificates of Cause of Death (MCCDs). In unnatural, sudden and suspicious deaths, Sri Lanka’s MLDI authority plays a key role in certifying cause of death.
Sri Lanka has a coroner system for medicolegal death investigations, and the procedures for conducting medicolegal death investigations are governed primarily by the Code of Criminal Procedure Act of 1979. There are, however, aspects of medicolegal death investigations that are addressed in the Births and Deaths Registration Act 1954. These aspects include the transmission of cause of death information to the civil registration system in MLDI cases and the form used to medically certify cause of death in MLDI cases.
The Births and Deaths Registration Act 1954 (BDRA), provides a definition for stillbirths which accords with international guidelines. Stillbirths are reported through both the civil registration system and the health sector in Sri Lanka, due to a Ministry of Health Circular of 2015 that required health system authorities to improve stillbirth reporting. The health sector plays a notification role to the civil registration system in stillbirth reporting.
The Statistics Ordinance 1936 establishes the present-day Department of Census and Statistics in Sri Lanka. Vital statistics data is derived from Sri Lanka’s civil registration system. The data is produced for the entire country at a central (or national) level, enabling uniform standards for vital statistics data collection. However, the law does not provide clear procedures or timeframes for the sharing of data between civil registration system and the vital statistics agency in Sri Lanka. The law is also silent on anonymization of data before it is transmitted by the civil registrar to the vital statistics unit.