What are State elections?

Through the State elections you are electing the Members of the State Legislature who will represent your constituency at the state level. The State Legislature might have an Vidhan Parishad (Upper House) or not, but it always has the Vidhan Sabha (Lower House).1

Each member of Lower House of a state is elected for 5 years, and each member of Upper House is elected for 6 years.

The number of members of the State Legislature varies across states, depending upon the population in that state. For example, the State Legislature of Uttar Pradesh has a considerably greater number of members than Pudcherry.

  1. Chapter III, Part VI, Constitution of India, 1950. []

Advertisements through Television and Radio 48 Hours before Elections

Advertisements or sponsored programmes or reports which support or criticize a candidate with an intention to influence the election cannot be broadcasted on the television or the radio. If general events relating to a political party are broadcasted which does not influence the public in any manner then it can be broadcasted via TV or the radio.1

For example, if the television broadcasts a political leader insulting another candidate, then, such content will be taken down by the Media Certification and Monitoring Committee (MCMC).

Live Coverage on Electronic Media Outside Constituency

Due to the advancement in technology and development of different modes of electronic media, it is difficult to monitor all regions of a particular State conducting polls. At times, there might be a political event being conducted outside the constituency going to poll, which is being covered live on electronic media. In such situations, the live coverage will not be illegal if it only covers general discussion and not those relating to the specific constituency or specific candidate about to go to poll (in the 48 hour period).2

If any such live coverage on electronic media does take place, the candidate or party leader conducting the event will get the same punishment as they would have, had the event taken place within the constituency itself, i.e. jail time of 2 years and/or fine.

  1. Section 126(1)(b),The Representation Of The People Act, 1951. []
  2. Subheading 8.3, Chapter 8, Manual for Model Code of Conduct. []

Influencing Public Servants to Commit Crimes

You are breaking the law if you as a public servant help someone commit the crime of influencing public servants. It does not matter that the public servant did not actually act on the influence exerted on him/her. The mere fact of the influence is a crime. You can be sent to jail for a period of 3 years to 7 years along with a fine.

Example: If I, as a District Magistrate, influence the Chief Engineer to favour a friend in a road construction tender, whether my friend gets the tender doesn’t matter, the magistrate can still be punished for just the influencing part.

Acts which are not sedition

The following acts do not amount to sedition as they are protected by your right to freedom of speech and expression under the Constitution of India:

  • Any criticism of government policies and their actions.
  • Any criticism done in good faith against the Government.
  • Any criticism done to improve the functioning of the Government.

In other words, commenting in strong terms upon the measures or acts of Government or its agencies is not the same as disloyalty towards the Government. As long as the words used by a person do not lead to people feeling enmity and disloyalty towards the Government and public disorder or use of violence, it is not an act of sedition.1

Example I:

  • If Amit draws a cartoon for a newspaper highlighting and ridiculing the corruption in the Government, it would not amount to sedition.2
  • If a filmmaker makes a documentary on the violence of Jammu and Kashmir and critiques the Government actions in it, they would not be liable for sedition.

Example II:

  • If Bobby sticks posters in the public library to boycott the general elections to the Legislative assembly and writes “No vote for the masters who are exploiting people”, this does not amount to sedition.
  • If Rahul criticizes the government on his Facebook wall for not maintaining the roads in his area, and says bad things about the government, it would not amount to sedition.3
  • If Tanya expresses her anger against any administrative or other action of the Government without exciting or attempting to excite any hatred or violence, then it would not amount to sedition.

Example III:

  • If Raj gives a fiery speech at a stage rally about the ongoing injustice to a certain community, then his speeches won’t amount to sedition if they do not incite any violence or cause public disorder.4
  • If Ramu holds a slogan saying “I hate the Government, the Government is corrupt”, it is not an act of sedition. If the slogan had resulted in people hating the Government along with violence, then it would be an act of sedition.
  1. Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955. []
  2. Sanskar Marathe v. State of Maharashtra & Ors., 2015 (2) R.C.R. (Cr) 351. []
  3. Balwant Singh v. State of Punjab, (1995) 3 S.C.C. 214. []
  4. Arup Bhuyan v. The State of Assam, (2011) 3 S.C.C. 377. []

Power of the Armed Forces to Shoot and Use Force

The power of the armed forces to shoot and use force can be used against:

  • any person who is violating any law, or
  • any person forming an assembly of five or more people, or
  • any person carrying weapons or things capable of being used as weapons or firearms, ammunition or explosive substances, while these are prohibited in the disturbed area. For example, if carrying lighters is prohibited and you carry one, the army can use force against you.

An officer can use these powers if they think that it is necessary to do so to maintain public order. The officer has to give due warning to the person they are shooting at.

Example: In disturbed areas various activities are not allowed. If a group of armed people create a law and order problem and try to enter a certain area where they attack an army convoy or violate the law in any other way, the armed forces officer can respond to them by shooting them.

How does the Government regulate unlawful associations?

Declaring an association as unlawful

If the Central Government believes that any association is, or has become, an unlawful association, it can declare the association as unlawful by publishing an official Gazette notification, usually with reasons for declaring the association as unlawful. The Government will also send the notification to the concerned association and publish it in at least one daily newspaper in the State where the association has its head office1.

 

After putting out the notification:Step 1: Sending the notification to the Tribunal 

The Government should send the notification to the Unlawful Activities (Prevention) Tribunal within thirty days of its publication, to decide whether there is enough reason for declaring the association unlawful.

Step 2: Sending a notice to the association

The Tribunal will then send a written notice to the association, asking it to justify within thirty days why it should not be declared unlawful.

Step 3: Inquiry by Tribunal and Final Order

The Tribunal will inquire and decide whether there is enough reason for declaring the association unlawful. Within six months of the Gazette notification, the Tribunal will pass an order either confirming the Government’s declaration or cancelling it2. The order will be published in the official Gazette, and will be valid for five years unless the Government cancels it3.

 

  1. Section 3, Unlawful Activities (Prevention) Act, 1967. []
  2. Section 4, Unlawful Activities (Prevention) Act, 1967. []
  3. Section 6, Unlawful Activities (Prevention) Act, 1967. []

Changing Your Name

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name:

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette)

An affidavit/undertaking are documents which contain facts written by you such as your desired new name. 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.

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service.

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement.

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level).

 State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees.

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following:

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar.
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’
  • Add in the dates
  • in the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file and this downloaded copy can be used as proof.

What are the Steps for Changing Your Name?

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name: 

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette) 

An affidavit/undertaking are documents which contain facts written by you such as your desired new name, the gender you identify with, medical procedures you have undergone, etc. 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. 

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service. 

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement. 

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level). 

State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees. 

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following: 

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar. 
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’ 
  • Add in the dates  
  • In the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file. This downloaded copy can be used as proof.

Who can vote in Lok Sabha elections?

Every Indian citizen atleast the age of 181 has the right to participate and vote in national, state, district as well as local government body elections. You have to register yourself as a voter on the electoral roll of your constituency. To register on the electoral roll you have to ensure that2:

  • You are a citizen of India.
  • You are atleast the age of 18 years
  • You are mentally fit
  • You haven’t been convicted by a court for committing any of the following crimes:
    • Bribery
    • Voting on behalf of someone else
    • Trying to prevent someone from voting by threatening them
    • Inciting or promoting hatred and violence between people
    • Obstructing or destroying election processes/documents
  1. Article 326, Constitution of India, 1950. []
  2. How to Register a Vote, Systematic Voters Education and Electoral Participation, available at https://ecisveep.nic.in/ []

Ban on Liquor 48 Hours before Elections

There is a ban on  liquor 48 hours before elections.1 The day(s) on which a constituency observes a silent period is a dry day. The law requires all liquor shops to be closed 48 hours before the date of polling to prevent consumption, distribution of alcohol and bribing of voters. States are responsible for making sure that the liquor shops around neighbouring constituencies are also closed.

  1. Section 135(c), Representation of People Act, 1951. []

Who is Covered Under the MCC?

The MCC covers1:

  • Political parties,
  • Candidates,
  • Organizations,
  • Committees,
  • Corporations, and
  • Commissions funded wholly or partially by the central or the state government. Example: Electricity Regulatory Commissions, Jal Boards, Transport Corporations, etc.
  1. Heading 3.5, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. []

Seditious Text

As a citizen, you have a right to write (newspaper, periodicals etc.) whatever you like about the Government, or its measures, by way of criticism or comment, so long as you do not incite people to violence against the Government or don’t do with an intent of creating public disorder. Authorship, distribution and circulation are parts of an act of sedition.1 However, just doing one of these acts may not amount to sedition.2 It is decided by the Court on a case-by-case basis. If these actions result in public disorder or violence among the people, then those responsible for it would be held liable.

Example: If Mr X, was found in possession of or distributing pamphlets, booklets and letters which discussed a Naxalite organization using violence and guerilla force to fight with the Government, then he is guilty of an act of sedition. These documents themselves show that they are the documents prepared to excite disaffection towards the Government.

  1. Raghubir Singh v. State of Bihar, A.I.R. 1986 S.C. 508. []
  2. Romesh Thappar v. State of Madras, A.I.R. 1950 S.C. 124. []

Power of the Army to Destroy Shelters/Storage

The type of places that the army has the power to destroy:

  • Places where armed attacks are made usually or are likely to be made or are attempted to be made by suspected persons, or
  • Any structure used as a training camp for armed volunteers, or
  • Any place utilised as a hide-out by armed gangs or people who are wanted for an offence by the police.

Example: If certain armed people are hiding at a position on a hill or in a house, or anywhere and the army suspects that they may make an attack, the army can seal that area and use arms and ammunition to destroy the hideout.

What happens if an association is declared unlawful?

Prohibiting funds:

If a person has any funds (cash or other resources) which are used for an unlawful association, the Government can pass a written order prohibiting the person from paying, delivering, transferring or dealing with them in any way. However, the Government allows such monetary dealings if they are done according to the conditions given in the  written order1.

 

Notifying places used for unlawful associations:

The Central Government can notify any place (house, building, boat etc.) that it thinks is used for an unlawful association, in the official Gazette. The District Magistrate can then:

  • Order that non-residents of the place cannot enter or be in it without the Magistrate’s permission.  If any person violates this, the Government can remove them from that place2.
  • Make a list of moveable objects found in the place (not including trivial things like beds, vessels, etc.) in the presence of two respectable witnesses. If the Magistrate thinks that such objects are for an unlawful association (such as account books of an unlawful association), they can prohibit any person from using the objects. The person can then use them only according to the Magistrate’s written orders.
  1. Section 7, Unlawful Activities (Prevention) Act, 1967. []
  2. Section 8, Unlawful Activities (Prevention) Act, 1967. []

Proof of Residence

To issue different government kinds of proof of identification, you will have to submit a proof of residence, which may indicate your permanent address or your communication address. For the kind of proof of identification you are applying for or updating, you can use any document from the list given below:

Aadhar Card, PAN Card, Passport

  • Bank/Post Office Statement/Passbook
  • Depending on which you are applying for, you can use the other two options between Passport, PAN Card and Aadhar. For example, if you are applying for an Aadhar card, you can use either your PAN Card or your Passport as residence proof.
  • Ration Card, Voter ID, Driving License
  • Insurance Policy
  • Disability ID Card/Handicapped Medical Certificate
  • Property Tax Receipt (not older than 1 year)
  • Any of the following documents, not older than 3 months:
    • Electricity Bill
    • Water Bill
    • Telephone Landline Bill
    • Credit Card Statement
    • Gas Connection Bill

Refer here for a complete list for residence proofs for Aadhar, PAN Card and Passport.

Voter ID

  • Bank/Kisan/Post Office Passbook
  • Ration Card, Passport, Driving License
  • Income Tax Return/Assessment Order
  • Latest Water/Telephone/Electricity/Gas Connection Bill for that address, either in the name of the applicant/his immediate relations like parents, etc.
  • Postal Department’s post received/delivered in the applicant’s name at the given address.

Driving License

  • Ration Card, Voter ID Card
  • Life Insurance Policy
  • Payslip issued by any office in the Central/State Government or a local body
  • Post Office/Bank Passbook (indicating residential address)
  • House Tax Receipt, Marriage Certificate, Income Tax Returns

For a complete list for residence proofs for Driving License refer here.

Ration Card

Different states have different requirements with respect to the proof of residence required while obtaining a Ration Card. However, some of the common documents accepted are1:

  • If you are the owner of a house: Registration deed, allotment letter, power of attorney, house tax receipt etc.
  • If you are the tenant: NOC of landlord, Rent Agreement etc.

Read this government resource to know more

  1. IndiaGov Archive, Apply for Ration Card:Delhi, FAQs, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7 []

Learner’s License for LGBTQ+ Persons

A Learner’s License is a temporary license which is valid for 6 months, which legally allows you to practice driving on Indian roads, as long as you are accompanied by an adult who holds a valid Driving License1. You must be 18 years old before you apply for a DL, so you need to get your Learner’s License renewed or get a new one, as a Learner’s License is only valid for 6 months, depending on the regulations of your state, if you get your Learner’s License before you turn 18 years of age. 

 

New Learners License 

You need to get a Learner’s License before you can apply for a Driving License, unless you have a Driving Certificate by a State accredited driving school. To understand how to get a new Learner’s License, follow these steps: 

  • Name: If you have changed your name to reflect the gender you identify with, you can fill your new name in the application form. You should carry a copy of your changed name in the Central/State Gazette and a copy of other Identification proofs which recognize your new name in case the RTO/RTA authorities require it. 
  • Gender Details: While obtaining a new Learner’s License, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Learner’s Licenses are regulated state wise, sometimes there may not be an option to choose transgender and in such situations, you should:
    • Contact the RTO/RTA and ask what can be done
    • Carry proof of identity such as an affidavit which would have details such as gender that you identify with, your new name, etc.
    • Take the help of lawyers, NGOs etc.

Renewing Learner’s Licence Details

You can renew your Learner’s License, which is valid for 6 months, or obtain a new one after the date of its expiry, depending on the rules of your state. This procedure varies across states, so you should check the rules specific to your state. Read here to understand how to renew your learners license.

  • Changing Your Name: If you want to update your name to reflect the gender you identify with, you can fill your new name in the renewal application form. You should carry a copy of your changed name in the Central/State gazette and a copy of other Identification Proof which recognize your new name.
  • Changing Gender Details: Since Learner’s Licenses are regulated state wise, sometimes there may not be an option to choose transgender and in such situations, you should:
    • Contact the RTO/RTA and ask what can be done
    • Carry proof of identity such as an affidavit which would have details such as gender that you identify with, your new name, etc.
    • Take the help of lawyers, NGOs etc.

The RTO/RTA officials may ask you for proof of gender identity or proof of change of name, but they cannot subject you to any form of harassment or gender verification on the spot. If you face any harassment or discrimination, you should complain to the Learner’s License authorities. If these authorities do not respond, you can take help from lawyers, NGOs, etc. to make the process easier and take action by filing a complaint with the police.

  1. Rule 3(b), The Central Motor Vehicles Rules, 1989 []

How do you vote?

Please follow the steps given below to know how to vote.

Before you go to the polling station, please verify if your name is on the electoral roll of your constituency. You can do that by checking the list here.

 

Indian Resident Voter:

Take your Voter ID card with you to the polling station. If you do not have a Voter ID card, you can take other forms of identification also. But only those that have the same address as the one mentioned in the electoral roll of your constituency/Voter ID card.

NRI Voter1:

Take your passport with you to the polling station.

You will have to wait in line till your turn comes to vote. The women, men and people with disabilities will be allowed to enter separately and only one voter can enter at a time. You will see a notice which is displayed on the polling station building or hall, which gives information regarding:

  • The polling area, and the different polling stations with their addresses (if there are more than one).
  • List of voters in each polling stations.
  • List list of candidates standing for elections.

Inside the Polling Booth

As you enter the polling booth, the First polling officer will verify if you have the valid ID and you are on the electoral roll. Once it is verified that you are a bonafide voter the Second Polling Officer will put an ink mark on your left index finger. This is done to ensure the voting officials of the fact that you have voted and to not allow a person to vote multiple times.

If you do not have a left index finger then watch this video to understand what will be done. If you already have an ink mark on your finger or if you refuse to put the ink mark, then you will not be allowed to vote.

The officer will2:

  • Make a record of your Voter ID Number in Form 17A.
  • Ask you to put your thumb impression or signature in a book known as the Register of voters.
  • Mark your name on a copy of the electoral roll, thereby permitting you to vote.

After this, you will have to proceed to the voting compartment.

As a voter, you will cast your ballot by using an EVM Machine or Electronic Voting Machine. It is a machine which is operated electronically and helps record votes.3

EVM

Moving to the Voting Compartment4

An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote,

A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.

Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted. There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.

  1. Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/. []
  2. Handbook for Presiding Officers, Election Commission of India, available at, https://ceodelhi.gov.in/WriteReadData/HandBooks/Handbook_for_Presiding_Officers.pdf. []
  3. Section 61A, The Representation of People Act, 1951. []
  4. Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/ []

Effect of violation of MCC

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.1

Some examples are:

  • The Election Commission can stop government advertisements endorsing the ruling party.
  • Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
  • Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.2
  • The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.
  1. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639. []
  2. Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ []

Helping a Public Servant Commit a Crime

You are breaking the law if you help, suggest or encourage a public servant to commit the crimes of accepting money or gifts in addition to their salary or property from business associates, even if the crime was not successfully committed. You can be sent to jail for a period of 3 to 7 years and will also have to pay a fine.

Example: Rajesh, Ravi’s cousin offers Mukesh (a public servant) a new house in return for appointing Ravi to the post of junior Railway officer. Even if Ravi does not get the post, Rajesh has “abetted” or helped Mukesh break the law.

Power of the Army to Arrest Without a Warrant

An armed forces officer can arrest any person in a disturbed area without a warrant for:

  • Committing a cognizable offence; or
  • If there is a suspicion that a cognizable offence will be committed.

The officer can use force as required to effect the arrest.

When an army personnel arrests a civilian under this law, the law requires the army to hand over the person to the nearest police station immediately.

What are the punishments for unlawful associations and activities?

Crime Punishment
Committing, aiding, or instigating unlawful activities Jail time up to seven years and a fine1.
Being a member of an unlawful association, participating in its meetings, contributing to it or assisting it Jail time up to two years and a fine2.
Assisting any unlawful activity of an unlawful association Jail time up to five years and/or a fine1.
Continuing to be a member of an unlawful association or voluntarily supporting it while having any unlicensed firearms, ammunition, explosive or substance capable of mass destruction, and doing an action that causes loss of human life or serious injury to any person or property If the act leads to a person’s death –  Punishable with death or life imprisonment, and a fine. In any other case – Punishable with jail time between five years and life imprisonment, along with a fine3.
Dealing with the funds of an unlawful association after the Government has prohibited it Jail time up to three years and/or a fine4.
Violating Government orders and:

  • Using an object meant for unlawful associations; or
  • Knowingly and intentionally entering a place used for unlawful associations

 

Jail time up to one year and a fine5.
  1. Section 13, Unlawful Activities (Prevention) Act, 1967. [] []
  2. Section 10, Unlawful Activities (Prevention) Act, 1967. []
  3. Section 10, Unlawful Activities (Prevention) Act, 1967. []
  4. Section 11, Unlawful Activities (Prevention) Act, 1967. []
  5. Section 12, Unlawful Activities (Prevention) Act, 1967. []

Complaints/Help and Support for updating identity documents

Given below are the portals and helpline numbers you can use to file complaints, address grievances, make enquiries and ask for help and support.

Aadhar Card

Grievances associated with Aadhaar are received through the UIDAI Contact Centre, Post, Public Grievance Portal of the Government, and E-mail. Read more here. You can check your complaint status here.

PAN Card

Complaints/queries regarding PAN can be registered here. Alternatively, you may call the PAN Centre on 020-2721 8080 or send an email to tininfo@nsdl.co.in.

Ration Card

You can call the helpline number 1967 by the Department of Food and Public Distribution.

Apart from this, since the issue of Ration Cards is governed by the State Governments, each state has a different grievance redressal system. Given below are the complaint portals for three states of India:

  • Delhi: To lodge a complaint, visit this website, and click on “Grievance Redressal portal”, which will redirect you to another page where you can lodge a grievance or view the status of your complaint. When you click on “Lodge your Grievance”, you will be taken to a page where you can describe your issue, upload supporting documents, etc. Here, in the section of “Department Concerned”, you should choose “Food Supplies and Consumer Affairs”. After you fill in all the sections, click on “Submit”, and your complaint will be lodged.  You can also call on the helpline numbers 1967 and 1800110841 for inquiries and support.
  • Maharashtra: To lodge a complaint, visit this website, which will allow you to you lodge a grievance or view the status of your complaint. To lodge a complaint, click on “Post Grievance”, which will redirect you to a page where you will be required to fill in your mobile number and/or email address, and an OTP will be sent to your registered mobile number and/or email address. Once your details have been authenticated, you will be taken to a page where you can fill in your personal details, the description of your complaint, etc. In the section of “Level of Administration”, you should choose “District”. You will be able to preview the form, and submit it. 
  • Karnataka: According to the regulations of the state, you can lodge a complaint by calling the number 8022220579, or emailing at  digr.admin@karnataka.gov.in. For more information, please see here.

Passport

For any issues related to obtaining or updating your Passport, you can visit this website, which will allow you to register your grievance. You will have to fill in your personal details, reference number, if any, the relevant PSK, etc. Once you have filled in all the required details, click on “Submit”. You can also track the status of your complaint here.

Voter ID Card

The fastest way to lodge your grievance is by visiting the online portal of the ECI. You can lodge both Election and Non-Election Related Complaints. After logging in and lodging the complaint, you will get an acknowledgement with an ID and can track the status of your complaint. Visit the National Grievances Service portal here.

You can lodge the grievance by downloading and using the mobile Voter Helpline App, which can also be used to verify your name in the Electoral Roll.

You can also call the Voter Helpline at 1950 (Please add your STD code before 1950) or visit the Voter Facilitation Centre.

Driving License and Learner’s License

As the issue of Driving License/Learner’s License is governed by the State Governments, each state has a different grievance redressal system. Given below are the complaint systems for three states of India:

  • Delhi: In case of any complaint, you can call the Grievance Redressal Officer for licenses. The number is 23960497. You can also call on the helpline number, which is 9311900800.
  • Maharashtra: To lodge a complaint, visit this website, which will allow you to you lodge a grievance or view the status of your complaint. To lodge a complaint, click on “Post Grievance”, which will redirect you to a page where you will be required to fill in your mobile number and/or email address, and an OTP will be sent to your registered mobile number and/or email address. Once your details have been authenticated, you will be taken to a page where you can fill in your personal details, the description of your complaint, etc. In the section of “Level of Administration”, you should choose “District”. You will be able to preview the form, and submit it.
  • Karnataka: According to the regulations of the state, you can lodge a complaint by calling the number 8022220579, or emailing at  digr.admin@karnataka.gov.in. For more information, please see here