The condition of public records in Goa has become a matter of urgent civic concern. During a recent visit to the Office of the Sub Registrar at Margao, a disturbing scene was witnessed. Stacks of deeds on green ledger paper were piled along the walls in a manner that resembled an improvised bunker rather than an official repository of legal documents. Registers were found in disordered heaps, many inverted or bent at unnatural angles. Some volumes appeared to have toppled from shelves and remained on the floor without attention. This was not an isolated corner but the general appearance of the space that houses the offices of the Sub Registrar, Notary Ex Officio, and the Civil Registrar who maintains the registers of births and deaths.
Such a condition raises concerns that reach far beyond mere aesthetics. Public records form the backbone of the legal system in any civilised society. They determine rights in land, establish the existence of individuals, and authenticate the legal capacity of persons to perform transactions. When these records are stored carelessly, the social cost becomes immeasurable.
Risk of irretrievable loss
Public records are vulnerable to natural decay. Dust, humidity, termites, mould and accidental water exposure can permanently damage fragile paper registers. When documents are already kept in a haphazard manner, the risk multiplies. Pages may be torn, entries may become illegible, or entire registers may be misplaced.
This danger is not hypothetical. At the Birth Registrar’s office in Margao, notices now display detailed procedures for the reconstruction of birth records. Applicants are asked to produce baptism certificates, school leaving certificates, affidavits, self declarations and even destroyed letter declarations to prove that a birth once existed in the registers. These notices also state that the original birth teor cannot be reissued after reconstruction. The reliance on secondary evidence is a direct reflection of earlier failures in record maintenance.
Reconstruction irony
The irony is stark. First, the system fails to preserve the primary record. After that, the citizen is invited to reconstruct the very record that the State was duty bound to protect. The applicant must bring evidence collected from private sources to prove what the State was supposed to document and preserve.
The legal implication of this process is profound. The doctrine of legitimate expectation allows a citizen to expect that public authorities will act in accordance with established rule based practices. When a birth is recorded in a statutory register, the person has a legitimate expectation that the entry will remain intact, retrievable and accurate. That expectation arises not from benevolence, but from the statutory duty imposed on the State.
Constitutional duty
Public records are not mere bureaucratic papers. They are instruments through which fundamental rights become operable. The right to identity, the right to property and the right to legal remedies all require reliable public documentation.
The State is the statutory custodian of the records it creates. When it fails in that function, it places an unfair burden on citizens who must then reconstruct histories that were supposed to be maintained by public authorities. A civic right therefore emerges: the right to have public documents preserved with due care.
Digital shift limits
It may be tempting for authorities to rely on scanning and digitisation to solve the crisis. While digital records offer accessibility and redundancy, they cannot replace the legal value of original registers. Under evidentiary law, primary documents remain significant, especially when disputes involve alterations, authenticity or historical lineage. Moreover, electronic records require upkeep of their own, including server maintenance, cybersecurity protections and correctness of uploads.
Thus, the argument that physical records may be neglected because digital copies exist is untenable. Both formats demand careful preservation. Public authorities must recognise that each register is a historical artefact with legal force that may be required by future generations long after the staff who handled it have retired.
Administrative lapses
The current state of the records room indicates more than physical neglect. It points to systemic administrative lapses. The manner in which registers are dumped on floors and left exposed to sunlight suggests a lack of protocol. No evidence of cataloguing or indexing is visible. Without proper tagging or secure archival storage, even well trained clerks may be unable to locate documents when required. The daily movement of staff and the public increases the risk of accidental damage.
This defeats the purpose of the Registration Act, the Births and Deaths Registration Act and the Goa Public Records Act which collectively require the maintenance, indexing and preservation of public records.
Civic consequences
Neglect of public records gradually erodes faith in institutions. When citizens discover that a crucial document has gone missing, the impression created is one of indifference or incompetence. This perception weakens civic confidence. It also results in unnecessary litigation, delays in property transfers and hurdles in obtaining essential certificates.
The doctrine of public trust obliges the State to protect the property under its control for the benefit of the public. Public records fall squarely within this trust. Failure to safeguard them constitutes a breach of this fiduciary duty.
Way forward
Modern archival standards must be introduced without delay. Climate controlled rooms, proper shelving, pest management and trained record keepers are essential. Registers must be repaired, digitised and catalogued. A mandatory audit of the archives of each taluka registrar should be conducted.
Staff should be trained to handle fragile documents, and damaged registers must be restored professionally. The State must publish a transparent policy on record preservation and make clear the chain of responsibility for each category of register.
A community that values its history must safeguard the documents that record it. Preservation of public records is not a luxury but a civic duty rooted in constitutional responsibility. It is time for the State to act before the pages of Goa’s legal memory fade beyond recovery.
