Theme: Government & Elections

Can I be punished under the anti-corruption law even if I was not successful in committing the crime?

Yes, if you as a public servant try to steal or sell property given to you as part of your work or take gifts or money unlawfully, you can be punished. It does not matter that you did not succeed. You can be sent to jail for a period of 3 to 7 years and can also be asked to pay a fine.

Example: Mukesh is a police officer. His superior officer has given him gold jewelry for safekeeping, which was returned by a thief during police questioning. Mukesh tries to sell it to Ravi, but the senior officer sees them and stops him. Even though Mukesh failed he is still breaking this law.

Gender Identification

Courts have accepted that it is the right of any person to choose their gender if they do not identify with the sex assigned to them at birth. This choice is made when a person understands their internal and individual experience of their body, bodily appearance, speech, mannerisms etc. This is known as ‘gender identity’.1 

You have a right to be recognized in India with the gender you identify with. This may be the sex you were assigned at birth or the gender you associate with as you grow up. Throughout your life, you may even change your gender identity multiple times. Currently under the law, three genders have been recognized: ‘male, ‘female’ and ‘third gender’ (transgender persons). For example, you may be assigned the sex ‘male’ at birth, but while growing up you have the right to identify your gender as a transgender person. 

To change your gender identity, you can take the following steps:

  • You can change your name to associate with the new gender you identify with.
  • You can undergo Gender Affirmative Therapy which includes forms of medical interventions by which you can affirm and explore different options for your new gender identity. 

If you have affirmed your new gender, you can start by getting new or updating identification documents to show your new gender identity.

  1. Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018)10 SCC 1, National Legal Services Authority vs. Union of India (UOI) and Ors.  (2014)5SCC438. [↩]

2 Days Before Voting Day

In the period of 48 hours (2 days) before voting day, all election related campaigning stops – it is called the silence period. This applies to both State and General (for example, Lok Sabha) elections. 

No one – citizens, journalists, candidates, election agents, movie actors, theatre artists, etc. –  is allowed to do any election related campaigning.

The following is not allowed 48 hours before polling:

If anyone, including candidates and political parties, violates any of these provisions and campaigns within the silence period, they will be punished with jail time of up to 2 years and/or fine.

  1. Subheading 8.2, Chapter 8, Manual of Model Code of Conduct, Election Commission of India (can be found here – https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

What is the Model Code of Conduct (MCC)?

The Model Code of Conduct (MCC)1 are rules and regulations which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. It also regulates the actions of other individuals and organizations with the aim of making the elections as transparent as possible.

The MCC ensures that the elections are held on fair grounds and no action is taken by a party in power so as to derive any benefit during the elections. The MCC also levels the playing field for all the political parties involved in the electoral process.

In the case of the Lok Sabha election, the MCC applies to the whole of India.

  1. Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

Public Servant

You are a public servant if you are:

  • Working for the government
  • Your salary is paid by the government
  • The work you do is a public duty

You can also be considered a public servant if you are:

  • Working for and are being paid by a local authority like a municipality or panchayat.
  • Employed in educational or cultural institutes which get money from the central, state or local government (like the panchayat).
  • A co-operative society engaged in agriculture, industry, trade or banking, and the co-operative society is receiving money from:
    • the government, or
    • a company created by laws passed by the government, or
    • a company that is owned or controlled by the government or aided by the government, or
    • a company in which the government is the majority shareholder.
  • Employed by and being paid by:
    • a company established under central or state laws (for example, the Life Insurance Corporation), or
    • a company which is aided by, owned or controlled by the government, or
    • a company where the government is the majority shareholder (for example, the Air India Limited).

Meaning of Sedition

When anyone tries to bring hatred or contempt or excites disaffection towards the government, they have committed an act of sedition. An act of sedition has to be done through one of the following ways:

  • Words (spoken or written).
  • Visual representation such as signs, videos, pictures or cartoons.

The result of an act of sedition should be violence or public disorder or an attempt to cause violence/public disorder.1

The Supreme Court has held in various judgments that the law of sedition is only applicable where:

  • A person causes violence, or
  • A person encourages people to create violence.2

For example, Shri Rampal, the leader of a village, gives a speech where he asks the people to rebel against the Government so that they can secede from India. This leads to a lot of hatred against the Government along with public disorder and riots. Shri Rampal would be held liable for an act of sedition.

  1. Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955. [↩]
  2. Section 124A, Indian Penal Code, 1860. [↩]

Army Control of a Disturbed Area

When it appears to the government that a dangerous situation has developed in a certain area of the country and it requires the armed forces to take control of that area, such an area is declared as a disturbed area. The provisions of AFSPA apply in such disturbed areas.

To declare an area as a ‘disturbed area’ there must exist a grave situation of law and order on the basis of which the Governor/Administrator can form an opinion that the area is in such a disturbed or dangerous condition that the use of armed forces is necessary.

Such a declaration has to be for a limited duration and there should be a periodical review of the declaration before the expiry of six months.

The government has to do this declaration through a notification in the Official Gazette, which is a periodical publication which contains public or legal notices.

Example: The Government of India declared Jammu and Kashmir as a disturbed area in 1990. It was declared a disturbed area because of the rise in insurgency and militancy during that time.

Voting and Elections

Elections are a way for citizens to choose someone to be their political leader or representative in government. By voting, citizens can influence the decisions about how their country is governed. Watch our videos to learn more about your rights as a voter.

What are unlawful activities?

An unlawful activity can be through actions, words (spoken or written), signs or visible representations, etc. An “unlawful activity” under this law can include1:

  • Anything done to bring about the surrender of Indian territory. For example, staging a coup to take over Delhi from the Government’s control.
  • Any action that supports the withdrawal of a part of Indian territory from the larger Union of India. For example, conspiring to make an Indian state an independent territory which is no longer a part of India.
  • Actions that question or disrupt the sovereignty and territorial integrity of our country. For example, working with foreign agents to overthrow the government.
  • Any action which causes (or wants to cause) discontent against India. For example, publishing a book spreading misinformation and falsely discrediting the Government to incite rebellion.
  1. Section 2(o), Unlawful Activities (Prevention) Act, 1967. [↩]

Voting and Elections Rights of SC/ST

It is a crime to interfere with the voting rights of members of SCs or STs. If you do any of the following, you will be punished with imprisonment anywhere between 6 months and 5 years along with a fine:

  • Force them to vote in a certain way.
  • Stop them from standing for elections.
  • Stop them from proposing a candidate, or seconding the nomination of another SC/ST candidate.
  • Punish them for voting a certain way.

It is also a crime to interfere with the work of an SC/ST member who is a Panchayat member or holds office in a municipality. Force or intimidation cannot be used to prevent such a person from doing their work.

Citizenship in India

Citizenship is the legal status given to a citizen of a particular country, which is granted by the Government. The rights that citizens of India have differ from non-citizens. For example, only citizens of India can contest in elections.1

Proof of Citizenship

In India, the government has not mandated that citizens should hold any particular document to be regarded as Indian citizens, except in Assam. Indian citizens may choose which proof(s) of identification they want to acquire, based on the services that card/document provides. For instance, one must have a PAN Card to be able to file income tax returns or a Voter ID Card to vote in elections, but the government does not mandatorily require you to possess any of these proofs of identification.

However, please note that no proof of identification, such as Aadhar, Passport, is a conclusive proof of citizenship in India.

Acquiring Indian Citizenship

Under the law, you are considered an Indian citizen if you are born in India and fall in one of the 3 categories below:2

  • If you were born between 26th January 1950 to 1st July 1987: You are a citizen irrespective of the nationality of your parents.
  • If you were born between 1st July 1987 to 3rd December 2004:  One of your parents should have been an Indian citizen when you are born
  • If you were born on or after 3rd December 2004: Both your parents must be  Indian citizens; or if only one of your parents is a citizen, then the other is not an illegal immigrant

The Citizenship Amendment Act (CAA) was notified in March 2024. It offers a fast track to citizenship for persecuted minorities (Hindu, Sikh, Buddhist, Parsi, Jain, and Christian) from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.  They can apply for citizenship through a simplified process if they can show evidence of religious persecution in their home country.
The residency requirement for these minorities seeking citizenship has been reduced to 6 years, as opposed to the standard 11 years required for naturalization under other circumstances.

There are three other procedures that can be followed to become an Indian citizen i.e. by descent, naturalization and registration.3 Through these, you can also acquire Indian citizenship if you were born outside India in certain cases. Indian residents and others, who are not citizens by birth, can apply for Indian citizenship.

Termination of Indian Citizenship

Your status as an Indian citizen can be terminated if:

  • You give up your Indian citizenship.4
  • You voluntarily acquire the citizenship of another country.5

Furthermore,  if you are not born as an Indian citizen and have acquired citizenship by naturalisation or registration under certain circumstances, then the Government  may deprive you of your status as an Indian citizen:

  • If you show yourself to be disloyal towards the Constitution of India,6
  • If your citizenship  was obtained fraudulently, by false representation or by not revealing crucial facts,7 etc.
  • If, during any war India is engaged in, you have unlawfully traded or communicated with an enemy, or knowingly associated with any business assisting the enemy,8
  • If you were sentenced to jail in any country for at least 2 years, within 5 years of being registered/naturalized as an Indian citizen,9
  • If you have been residing out of India for more than 7 years continuously, without being enrolled in any educational institute in that country, or in the service of Government of India, or an international organization of which India is a member. Your citizenship may also be deprived if, during this time,  you have not demonstrated your intention to be an Indian citizen through the prescribed requirements.10

Read this government resource to know more.

  1. Election Commission of India, FAQs, Contesting for Elections, Q.1., https://eci.gov.in/faqs/page/2/; Mr. Louis De Raedt & Ors. v. Union of India & Others, 1991 SCR (3) 149 [↩]
  2. Section 3, Citizenship Act, 1955. [↩]
  3. Sections 4, 6 and 5, Citizenship Act, 1955. [↩]
  4. Section 8(1), Citizenship Act, 1955. [↩]
  5. Section 9(1), Citizenship Act, 1955. [↩]
  6. Section 10(2)(b), Citizenship Act, 1955. [↩]
  7. Section 10(2)(a), Citizenship Act, 1955. [↩]
  8. Section 10(2)(c), Citizenship Act, 1955. [↩]
  9. Section 10(2)(d), Citizenship Act, 1955. [↩]
  10. Section 10(2)(e), Citizenship Act, 1955. [↩]

Your Right to Recognition of Your Gender Identity

Identification documents play a major role in facilitating your rights such as the right to healthcare, education, etc. and are also important for day-to-day activities such as applying for a SIM Card or a bank account, etc. It is your right to get identification documents recognizing the gender you want to be associated with. 

Genders are recognized in government-issued ID Proofs

Identity documents in India only recognize 3 categories which are “male”, “female” and “third gender” (transgender) . If you come across any forms or procedures which do not give you the option of choosing “third gender” (transgender) , then you can:

  • Ask the authorities what options you have
  • Take the help of lawyers, NGO’s to assist you in obtaining the identification proof
  • Carry a copy of proof of your gender identity. 

You should try and get at least one of the identity proof documents given below so that, the process of applying for the others becomes easier for you. Even though many of the identity documents are common across India, the procedures for obtaining them may be different so it is important to understand the requirements within your state. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc.

 

List of Commonly Accepted Government Identity Documents

You can try and apply for some of the identity documents (ID Proofs) given in the list below: 

ID Proof Gender Options Comments
Driving License The central form does not contain options for gender. Some States may have the option. Your form may contain a restrictive line such asContains only “son/wife/daughter of”
Learner’s License The central form does not contain options for gender. Some States may have the option. Contains only “son/wife/daughter of”
PAN Card Options available are Male, Female, Transgender
Aadhar Card Options available are Male, Female, Transgender
Ration Card The central form does not contain options for gender. Some States may have the option. Included in Details of Applicant and Family Members
Passport Options available are Male, Female, Transgender
Voter ID Options available are Male, Female, Transgender

 

State-Centric Processes

The procedures for obtaining each of the identity documents may be different across states so it is important to understand the requirements within your State. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc. 

What are Lok Sabha elections?

Through the Lok Sabha elections you are electing the Members of Parliament1 who will represent your constituency at the national level.

A representative elected in the General Elections is elected for a term of 5 years to the lower house of the Parliament.2

The Lok Sabha elections also decide who will be the Prime Minister of our country. Through these elections, the winning party is decided who will nominate the person to be the Prime Minister.

Every state is equitably represented in Lok Sabha. A state is divided into constituencies based on where people live and how many people live there and one member from each constituency is elected to represent them in the Lok Sabha as a Member of Parliament.

The Lok Sabha, also known as the House of the People or the Lower House of the Parliament, is composed of 550 members3 who represent the people of India across all states and territories. The elections for the Lok Sabha are also commonly known as the General Elections.

  1. Article 79, Constitution of India, 1950. [↩]
  2. Article 83(2), Constitution of India, 1950. [↩]
  3. Article 81, Constitution of India, 1950. [↩]

Holding Public Meetings 48 Hours before Elections

The law prohibits any public meetings which discuss elections through1:

  • Musical concerts
  • Theatrical performances
  • Processions
  • Other forms of entertainment

No person can convene or hold, attend or join or address any public meetings which are in connection with elections 48 hours before the date of polling.

For example:

  • A candidate cannot gather a group of people and advocate them to vote for him on the day of polling.
  • A theater group cannot host a play on the achievements of a political party on the day of polling.

If any person or candidate holds any form of public meeting, then this person will be punished with jail time up to 2 years and/or a fine.2

  1. Section 126(1)(c), The Representation Of The People Act, 1951. [↩]
  2. Section 126(2), The Representation Of The People Act, 1951. [↩]

When Does MCC Apply?

The MCC applies when elections are going on. For the Lok Sabha elections MCC usually comes in force when the election schedule is announced by the Election Commission of India and till the results are announced in all the constituencies.1

  1. Heading 3.2, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

Public Servants Accepting Bribes

Corruption is the abuse of power by people in power for their own gain in a dishonest or unethical way. In India, it is illegal for public servants to accept money/gifts over and above their salary, in return for doing their duty, favoring a person or for not doing their duty. Any person helping the public servant commit these crimes can also be punished.

Public servants in India are not allowed to:

  • Accept money/gifts other than the salary provided as part of their job;
  • Ask for or get money/gifts, in addition to their salary, in return for doing their official duty;
  • Ask for or get money/gifts, in addition to their salary, in return for not doing their official duty;
  • Be partial to someone who has paid them money or give them gifts;
  • Do any special favours for someone who has offered them money or gifts;
  • You can be sent to jail for a period of 3 to 7 years and be asked to pay a fine for doing any of the above.

A public servant breaks the law by accepting any gift or benefit, not just money. You are breaking the law if you, as a public servant, accept something of value from a person without paying for the gift/service and with whom you have a business or official relationship. You can be sent to jail for a period of 6 months to 5 years and may also have to pay a fine.

Example: You are a public servant working in the Public Works Department and are in-charge of approving tender for road construction. You accept a car from Ravi without paying him any money. You know that his company will apply to your department for approval of a contract to build a highway. If Ravi is given the approval, accepting the car would be considered as accepting a bribe.

Sedition and Dissatisfaction towards the Government

An act is seditious if your act results in people feeling hatred or contempt towards the Government. A person commits sedition if they use either spoken or written words or gestures, aimed at encouraging people to1:

  1. Disobey the authority of the Government, or
  2. Resist the authority of the Government.

These actions should lead people to resort to violence and create public disorder. An attempt to make people disobey or resist the Government through acts of public disorder or violence may also be an act of sedition.2

  1. Section 124A, Indian Penal Code, 1860. [↩]
  2. Nazir Khan v. State of Delhi, 2003 (8) S.C.C. 461. [↩]

Special Powers of the Armed Forces

The Armed Forces (Special Powers) Act, 1958 (AFSPA) grants certain ‘special powers’ to the members of the armed forces in disturbed areas. This law extends to the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Jammu and Kashmir. Jammu and Kashmir has a separate AFSPA enacted in 1990 which is similar to the AFSPA, 1958, except for a few provisions.

Under AFSPA the Military is considered to be “armed forces”. When the Air Forces operate on the ground, then they are also known as “armed forces” and have the special powers and duties under AFSPA. Other armed forces of the central government such as Border Security Force (BSF) are also included under AFSPA. However, the Navy is not included under “armed forces”.

There are certain officers of these armed forces who have been granted special powers i.e. power to shoot and use force, destroy shelters/storage, arrest without a warrant, enter and search. These band of officers include:

  • Commissioned officers,
  • Non-Commissioned Officers,
  • Warrant Officers.

What is an unlawful association?

An unlawful association is a group which tries to commit or commits unlawful activities or any activity punishable under Sections 153A or 153B of the Indian Penal Code, 1860. Unlawful associations include:

  • Groups which encourage or assist people to participate in such activities. For example, a group who conspires to plan a terrorist attack.
  • Members who themselves participate in such activities1. For example, if a person engages in distribution of explosives for a terrorist activity.
  1. Section 2(p), Unlawful Activities (Prevention) Act, 1967. [↩]

Getting Identification Proof (ID Proof)

In India, getting proof of identification is of paramount importance since an ID proof contains your personal details, which are useful for authorities to determine and verify your identity. ID proofs serve various purposes including:

  • Government Benefits: ID proofs, such as Ration Cards, enable you to apply for and receive government benefits, such as food at subsidized prices, etc.
  • Proof of Age and Proof of Residence: Various ID proofs serve as proof of address and proof of age, required for day-to-day activities. For instance, a PAN Card can be used for  opening a bank account. 
  • Photo Identity: Various ID proofs serve as a proof of photo identity. For example, when you enter an airport, you need to give a photo identity card, such as your Driving License which helps cross-check your picture.
  • Utilizing Government Services: ID proofs also allow you to enjoy certain things, like driving a car, riding a motorcycle, etc. For example, a Passport allows you to travel internationally.

You should try to get at least one proof of identification, as it will simplify the process of getting other ID proofs. Please note that there is no proof of citizenship in India. Your identification proofs and documents are only used as a proof for authenticating and verifying who you are.

Types of ID Proofs

The Government of India issues multiple identification documents. The most commonly used identification cards/documents are:

For a full list of documents accepted as proof of identification, see here.

Read this government resource to know more

Proof of Gender Identity

Gender identity refers to an individual’s self-identification as a man, woman, transgender or other identified category, like intersex.1 When you face any trouble with officials or people who want you to prove the gender you identify with, you have the option of showing them the documents given below. 

 

Option 1: Affidavit or Undertaking

An affidavit/undertaking is a document which contains facts written by you such as your desired new name, gender you identify with, etc. You will have to verify the affidavit/undertaking with a Notary or Oath Commissioner who will stamp and sign it, thereby making it a valid legal document which can be used as proof. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc. The affidavit/undertaking will be a document that you can use to prove facts such as the medical procedures you have undergone and the gender you identify with, etc. 

 

Option 2: Medical Certificate

If you have undergone any sex-change operation, you can show the medical certificate from the hospital as proof of gender change. The details of any medical procedures you have undergone can also be written in the affidavit/undertaking so that you have a legal and notarized document as proof.

 

Option 3: Name change in Gazette

If you have changed your name to reflect the gender you associate with and you have successfully published it in the Central/State Gazette, then you can take a copy of the Gazette notification as proof. Gazette notifications itself can be considered proof and it is not necessary that you have to notarize them.

No one can subject you to any form of gender verification, where you are harassed or touched inappropriately in private or in public. This is why the documents given above are important proof of your gender identity. If you face any form of harassment, you should file a complaint with the police and take the assistance of a lawyer during this process.

  1. Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018)10 SCC 1 Para (5). [↩]