Theme: Government & Elections

Driving License for LGBTQ+ Persons

A Driving License (DL) is an official document, issued in the form of a card, by the Regional Transport Office (RTO) or Regional Transport Authority (RTA) of each State, under the Ministry of Road Transport and Highways, which permits you to drive one or more types of vehicles, such as a motorcycle, car, etc. on a public road.

 

New Driving License 

You can register for a new Driving License after 30 days1 and within 180 days (6 months)(( Section 14 (1), The Motor Vehicles Act, 1988.)) of the issuance of the Learner’s License. To understand how to get a new Driving License, read here. 

  • 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 Driving License, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Driving 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.

 

Updating / Changing/ Renewing Driving Licence Details

You can update the demographic information of your Driving Licence and by doing so you will receive a newly issued card which will have updated information. Read here to understand in detail how to update Driving License details and read here to understand how to renew your driving 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 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 Driving 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 Driving 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, 15 (1), Central Motor Vehicle Rules, 1989. [↩]

How do you register for a Voter ID card?

You can register for a new Voter ID Card for free either in person or online by filling out Form 6, which is the application form to register as a voter in India.

If you meet all the requirements1, your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency.

Step 1: Fill out Form 6

Download Form 6 which is available in Hindi, English, and Malayalam and fill it out, or look up your Electoral Registration Officers or the Booth Level Officers and request for Form 6. If you are a disabled person, you will receive assistance at the office.

Step 2: Include Supporting Documents

If you are filling the form online or in person, you will need self-attested documents:

  • Recent colored, passport-size photo
  • Copy of Age Proof (Birth Certificate, School Certificates (Xth and XIIth))
  • Copy of Address Proof (Passport, Aadhar Card, Driving License)

Step 3: Submit the Form

If you have filled the application in person, you must submit the Form and the documents to the Electoral Registration Officers or the Booth Level Officers of your polling station. You can find out where the offices are here. If you have filled Form 6 online, then you do not have to visit the office. You can even send the form via post to the offices along with the required self-attested documents.

Step 4: Wait for Voter ID Card

A booth level officer will visit the address given in the Form, to verify the details you gave in your application. After the Voter ID card is ready, a booth level officer will either send/drop it off to your address or will request you to collect it from the Electoral Registration Office. Your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency. You can even check online if your name is on the electoral roll.

  1. Voter Portal, Election Commission of India, available at https://voterportal.eci.gov.in/ [↩]

Ban on Loudspeakers 48 Hours before Elections

There is a ban on loudspeakers during the silence period – 48 hours prior to the date of polling.

They cannot be fitted on any vehicles, buildings, etc., and if anyone does this, it is a violation of the Model Code of Conduct (MCC). After the 48 hours are over, proper permissions from the District Administration have to be taken to use them again.1

  1. Page 142-Point 4, Compendium of Instructions on Model Code of Conduct, 2018, can be accessed at https://eci.gov.in/files/file/9166-compendium-of-instructions-on-model-code-of-conduct-2018/. [↩]

Plying Voters to Polling Station on Voting Day

A candidate or their agents cannot ply voters to the polling station i.e. provide conveyance to voters to or from a polling station on voting day.

The punishment for doing this is a fine of up to Rs. 500.1

For example, a party or a candidate cannot hire a bus and give rides to voters on the voting day.

However, if you are a person with a disability you can register yourself on the PWD App2 (Android) and the election authorities can provide you transport to and from the polling station on that day.

  1. Section 123 (5),Representation of the People Act, 1951. [↩]
  2. PWD App, Google Play, available at https://play.google.com/store/apps/details?id=pwd.eci.com.pwdapp&hl=en_IN&gl=US. [↩]

Power of the Army to Enter and Search by the Army

The law usually requires that a search warrant is obtained by an authority in order to search a place. But under AFSPA, the armed forces have special powers to search a place without a warrant.

The officer can enter and search any premises without a warrant for any of the following acts:

  • To arrest someone;
  • To recover any person believed to be wrongfully restrained or confined;
  • To search any property reasonably suspected to be stolen property;
  • To search for any arms, ammunition or explosive substances believed to be unlawfully kept in the premises.

What are terrorist acts?

A terrorist act is any act done with the intention to threaten India’s unity, integrity, security, economic security, or sovereignty, or to terrorise people in India or any foreign country, by:

  • Using bombs, dynamite, explosive substances, lethal weapons, poisonous gases, other hazardous nuclear substances, etc. likely to cause:
    1. death or injuries to people
    2. property damage or destruction
    3. disruption of essential supplies or services
    4. damage to India’s monetary stability through high quality counterfeit Indian paper currency or coin
    5. damage or destruction of any property used for India’s defence or for Government purposes
  • Forcefully intimidating a public authority or causing their death
  • Detaining, kidnapping or abducting any person, and threatening to kill or injure them to force the Government or an international organisation or anyone else to act in a certain manner1.
  1. Section 15, Unlawful Activities (Prevention) Act, 1967. [↩]

Proof of Age

To issue different kinds of government proof of identification, you will have to submit a document for proof of age. 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 and Passport

  • Birth Certificate
  • Voter ID
  • 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 age proof.
  • PAN Card
  • Marksheet issued by any government board/recognized university
  • Photo ID including DOB issued by recognized educational institution

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

Voter ID1

  • Birth Certificate
  • Birth Certificate from the recognized school last attended by the applicant/any recognized educational institution
  • Class 10/12 Marksheet (if you have passed the grade)
  • Class 8 Marksheet (if it contains date of birth)
  • Class 5 Marksheet (if it contains date of birth)
  • A declaration in the prescribed format made by either of his parents if the person is not educated till class 10 (in those cases where parent has verified himself before BLO/ERO/AERO); or
  • A certificate of your age given by a sarpanch of the concerned Gram Panchayat/member of the concerned Municipal Corporation/Municipal Committee (if the person is not educated till class 10 and both parents are dead)
  • Any other government document showing age, e.g. Passport.

Driving License

  • School Certificate
  • Passport
  • Birth Certificate
  • Certificate from Central/State Government or a local body
  • Voter ID
  • PAN Card
  • Tax Card
  • Other authentic proof acceptable by M.L.O.

Read this government resource to know more

  1. Election Commission of India, From 6 – Application for inclusion of name in Electoral Roll, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7 [↩]

PAN Card for LGBTQ+ Persons

PAN (Permanent Account Number) is an identification proof mandatorily required to file taxes which is issued by the Income Tax Department. Details of your PAN Card are also asked by employers for salary transfers, TDS deductions, etc. and by banks while opening bank accounts. Initially, you will have to apply for a PAN Number. When your PAN Number is ready, you will be given a PAN Card with the details of your PAN Number on the card. Read here to understand about PAN and why you would require it.

 

Details for New PAN Number/Card

Applying for a PAN Number or Card is a cost – free process and you will have to give details such as your full name, gender, date of birth, residential address,, etc. After you apply for a PAN Number online or in person then you can apply for a PAN Card.

  • Name: If you have changed your name to reflect the gender you identify with, you can fill your new name in the application forms (PAN Number Application Form (Form 49 A) and PAN Card 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 in case the authorities at the PAN Centre require it. 
  • Gender Details: While obtaining a new PAN Number or card, you have 3 options for gender which is “male”, “female” and “transgender” (third gender). This option is available to you in all PAN centres across India and in the PAN Number Application Form and PAN Card Application Form.

 

Updating / Changing PAN Card Details

You can update the demographic information of your PAN Card and by doing so you will receive a newly issued PAN Card which will bear the same PAN Number but with updated information. Read here to understand in detail how to update PAN Card details. Remember that once PAN Number is assigned to you, it cannot be changed. Updation can only happen for PAN Card details.

  • 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 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.
  • Changing Gender Details: If you want to update your gender, then you can mark from the 3 options given which is “male”, “female” and “transgender” (third gender). This option is available to you in the application form as well as in all PAN centres across India.

The officials at the PAN centre 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 PAN 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.

How do you change details in a voter ID card?

You can apply to change your details provided in your Voter ID card only for the specific reasons given below1:

In case of incorrect name, age, Date of birth, etc.

If you wish to change or correct your name, photo, age, Voter ID Card Number or EPIC number, address, date of birth, gender, name of relative or type of relation in your voter ID card, you must fill Form 8 and submit it either online or physically to the Electoral Registration Officer.

In case of shifting houses within the constituency

If you are shifting your permanent place of residence within the same constituency, you must have your address changed in the electoral roll. In order to do so, you must fill Form 8A and submit it either online or physically to the Electoral Registration Officer.

In case you shift outside of your current constituency

If you are shifting your permanent residence to a place outside your constituency, you must have your name deleted from the present electoral roll or have someone file an application to remove your name for you. Once you have done this, you must re-register yourself as a new voter and check the box in Form 6 next to ‘due to shifting from another constituency’ and submit it to the Electoral Registration Officer.

  1. Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq [↩]

Use of Religion as a Basis for Campaigning

A party or candidate cannot campaign in any manner which would result in creating tension or hatred between different castes and religious communities.

The MCC does not allow anyone or any organization to use religion to further the prospects of a candidate or a political party during an election, irrespective of their relationship to the political party/individual candidate. For example, political parties, candidates, religious/cultural organizations, associations or individuals cannot campaign in favour of or against certain political parties or candidate by holding any meetings, conclaves, processions, religious congregations, etc.

Some of the actions that are prohibited are1:

  • No one can use religion and play on religious sentiments of voters.
  • No one can ask for votes by influencing someone to believe that there is a religious punishment by god or a divine power which will occur to them, if they don’t vote for a particular candidate.2
  • No one should use religion to create disharmony among different groups of people.3
  • No one should make any malicious statements which would attack the personal life of any politician.4
  • Temples, mosques, churches and other places of worship cannot be used for any election campaigning.

Some examples of violations of MCC by using religion for campaigning are:

  • If pictures of politicians are put up on billboards outside the temple entrance.
  • If money is given by a political party to beggars outside a temple to get votes.
  1. Model Code of Conduct, Election Commission of India, available at eci.gov.in. [↩]
  2. Section 123(3), Representation of the People Act, 1951. [↩]
  3. Section 153A, Indian Penal Code (IPC); Section 125, Representation of the People Act, 1951. [↩]
  4. Section 123(4), Representation of the People Act, 1951. [↩]

Confiscation of Seditious Material

In a scenario where you are being charged for an act of sedition, every copy that exists of the newspaper, book or document which contains the seditious text or material can be taken away by the Government. Particularly, any material which is with you can also be taken away by a police officer who has the power to search your premises and other areas where he suspects that seditious material exists.1

  1. Section 95, Code of Criminal Procedure, 1973. [↩]

How does the Government regulate terrorist activities?

If the Central Government believes that an organisation or person is involved in terrorism, it can notify them in the official Gazette as a terrorist or terrorist organization respectively.

The concerned person or organization can apply to the Government to denotify them. If the Government refuses,  they can apply for a review to the concerned Review Committee within one month. The Review Committee can order the Government to denotify them.

Aadhar Card

Aadhaar is a 12-digit identification number, specific to each individual,1 issued by the Unique Identification Authority of India (UIDAI) to the residents of India after satisfying a verification process based on demographic information and biometric information.2 You will be assigned an Aadhaar number on a card with your personal details such as name, date of birth, address, etc., usually in English as well as the language of the State where you have your permanent address.

It is possible to download  your Aadhaar Card, termed as e-Aadhaar, which is a valid and secure password-protected electronic document as good as a physical Aadhaar.3

Your identity information and personal details are confidential and have to be kept secure by the Authority,((Section 28, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016))

which is restricted from sharing this information unless for certain legally authorized purposes.4 For more information, refer to the Aadhaar (Data Security) Regulations, 2016 and the Aadhaar (Sharing of Information) Regulations, 2016 here.

An Aadhaar number is generated at random.5 It is a unique number which eliminates the possibility of duplicate identities. In effect, the Aadhaar number is a portable proof of identity, applicable throughout India. However, merely having an Aadhaar does not mean that you are a citizen of India.6

Aadhaar may be used as a primary identifier without any other documentation to avail the benefits of several Government welfare schemes, programmes, various subsidies, benefits and services.7 An Aadhaar Card can be used as a proof of identity, proof of address, as well as proof of age to avail various services.

Any individual, irrespective of age and gender, who is a resident of India, may voluntarily enrol to obtain an Aadhaar number. You are considered a ‘resident’ if  you have resided in India for a period amounting in total to at least 182 days in the twelve months immediately before the date of application for enrolment.8

An Aadhaar number is permanently associated with one specific individual and does not require any renewal. You can get a new Aadhaar or update your Aadhaar. It is also possible to retrieve a lost Aadhaar. If you require any additional help and support, please see here.

Virtual Aadhar ID

VID(Virtual ID) is a temporary, revocable 16-digit random number mapped with the Aadhaar number. VID can be used intead of Aadhaar number whenever authentication or e-KYC services are performed.  To read more on VID, see here.

Read this Government website to know more about Aadhar

  1. Section 4(1), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 3(3), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  3. Ministry of Electronics & IT, Unique Identification Authority of India, Validity of e-Aadhaar as Proof of Identity, https://uidai.gov.in/images/uidai_om_on_e_aadhaar_validity.pdf [↩]
  4. Section 29, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  5. Section 4(2), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  6. Section 9, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  7. Section 7, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  8. Section 2(v), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]

Aadhar Card for LGBTQ+ Persons

Aadhaar is a 12-digit identification number1, specific to each individual2, issued by the Unique Identification Authority of India (UIDAI) to the residents of India after satisfying a verification process based on demographic information and biometric information.3 You will be assigned an Aadhaar number on a card with your personal details such as name, date of birth, address, etc., usually in English as well as the language of the State where you have your permanent address.

Given below are some of the important rights you have while applying for or updating an Aadhar card.

 

Details in New Aadhar Card

The process for obtaining a new Aadhaar Card requires going in person to an Aadhaar Enrolment Centre, and cannot be done online. It is a cost-free process. To understand how to get a new Aadhar card, read here. 

  • Name: If you have changed your name to reflect the gender you identify with, you can fill your new name in the enrollment form. You should carry a copy of your changed name in the Central/State Gazette and a copy of other ID Proofs which recognize your new name in case the authorities require it.
  • Gender Details: While obtaining a new Aadhar card, you have 3 options for gender which is “male”, “female” and “transgender” (third gender). This option is available to you in all enrollment centres across India and in the Aadhaar Enrolment Form. 

 

Updating / Changing Aadhar Details

You can update your demographic information or your biometric information such as name, gender, fingerprints, etc. by physically going to the nearest Aadhar enrollment centre and requesting for a ‘Aadhar Data Update/Correction Form’. To understand how to update Aadhar details, read here.  

  • 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 enrollment 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 (if you have it).
  • Changing Gender Details: If you want to update your gender, then you can mark from the 3 options given which is “male”, “female” and “transgender”. This option is available to you in all enrollment centres across India and in every Aadhar Update Form. 

The officials at the enrollment centre 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 file a complain with the Aadhar 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. Section 2(a), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 4(1), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]
  3. Section 3(3), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]

What happens on a Voting Day?

Announcement of Voting Day

The announcement of voting dates will be made by the Election Commission of India and it is made available on their website. It will include the dates on which voting will take place in your State.1

Paid Holiday

The day on which voting takes place in your constituency, it is supposed to be declared as a paid holiday by law. This is to allow you to vote freely without any pressure from your workplace. If you are employed at any business, trade, industrial undertaking or any other establishment or even as a daily wage laborer, you must be given a paid leave by your employer on the day of voting.

Punishment for Employer

If you do not get a paid leave on that day, your employer can be punished with a fine of maximum Rs. 500.1

  1. Section 135B, The Representation of People Act, 1951. [↩] [↩]

Government Advertisement For Campaigning

Government advertisements usually inform the public of their rights, duties and entitlements and also explain government policies, programmes, services and initiatives. In order to prevent achieve this purpose, government advertisements should be objective, politically neutral and should not promote the political interest of the ruling party.

For example, while advertising the mid-day meal scheme offered by the government, the ruling party cannot use these advertisements in order to glorify leaders and candidates of their party. Adding names and photos of the party leaders to these advertisements would be a violation of MCC.

Therefore during the time of the election, the ruling party cannot1:

  • Use funds from public exchequer reserved for government advertisements for their own re-election.
  • Project a positive impression of the party in power or a negative impression of other political parties through these advertisements.

Content of Government Advertisements

Advertisement materials of the government must not2:

  • Mention the party in the government by name;
  • Directly attack the views or actions of others in opposition;
  • Include their own party political symbol or logo or flag;
  • Aim to influence public support for a political party, candidate for election; or
  • Refer to link to the websites of political parties or politicians.
  1. Rule VII – Party in Power, Model Code of Conduct – Election Commission of India, available at https://eci.gov.in/mcc/. [↩]
  2. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639 [↩]

No Case Against the Armed Forces

No one can file any case against any armed personnel, except when there is special permission from the Central Government. Under this law, if a case has to be registered in court against an army personnel or anyone from the armed forces for a crime they have committed, then the court proceedings can only take place when there is permission from the Central Government.

Only a handful of cases have been instituted against army personnel under AFSPA.

Example: Chitrakshi’s husband Sumeysh has been killed by an officer of the armed forces and she wants to file a case against this in a police station. The police station will register her FIR, but to fight her case in the court, she has to seek permission from the Central Government. Only when permission is granted by the Central Government, i.e the Home Ministry, a trial against the officer of the armed forces can be started.

What are the punishments for terrorist activities?

Crime Punishment
Terrorist Activities If it results in death – Punishable with life imprisonment or death, along with a fineIn any other case – Punishable with jail time between five years and life imprisonment, along with a fine1
Raising funds for terrorist acts Jail time between five years and life imprisonment, along with a fine2
Organising Terrorist Camps Jail time between five years and life imprisonment, along with a fine3
Conspiracy Jail time between five years and life imprisonment, along with a fine4
Recruiting any Person(s) for Terrorist Activities Jail time between five years and life imprisonment, along with a fine5
Harbouring a Terrorist Jail time between three years and life imprisonment, along with a fine6
Associating with or Supporting a Terrorist Organization  Jail time up to ten years and/or a fine7
Raising funds for a Terrorist Organization Jail time up to fourteen years and/or a fine8
Being a Member of a Terrorist Gang or Organization Jail time up to life imprisonment and a fine9
Holding Proceeds of Terrorism Jail time up to life imprisonment and a fine10
Threatening Witnesses  Jail time between three years and life imprisonment, along with a fine11
  1. Section 16, Unlawful Activities (Prevention) Act, 1967. [↩]
  2. Section 17, Unlawful Activities (Prevention) Act, 1967. [↩]
  3. Section 18A Unlawful Activities (Prevention) Act, 1967. [↩]
  4. Section 18, Unlawful Activities (Prevention) Act, 1967. [↩]
  5. Section 18B, Unlawful Activities (Prevention) Act, 1967. [↩]
  6. Section 19, Unlawful Activities (Prevention) Act, 1967. [↩]
  7. Sections 38 and 39, Unlawful Activities (Prevention) Act, 1967. [↩]
  8. Section 40, Unlawful Activities (Prevention) Act, 1967. [↩]
  9. Section 20, Unlawful Activities (Prevention) Act, 1967. [↩]
  10. Section 21, Unlawful Activities (Prevention) Act, 1967. [↩]
  11. Section 22, Unlawful Activities (Prevention) Act, 1967. [↩]

Applying for New Aadhar Card

The process for obtaining a new Aadhaar Card requires going in person to an Aadhaar Enrolment Centre, and cannot be done online.

The cost-free Aadhaar enrolment process is as follows:

Step 1: You can visit any authorized Aadhaar Enrolment Centre anywhere in India. This is an agency appointed for collecting demographic and biometric information of individuals,1 and includes certain Banks and Post Offices which have been designated as Aadhaar Enrolment Centres. Locate the Enrolment Centre nearest to you here. Book an Appointment here.

Step 2: At the Centre, you will be required to fill in the Aadhaar Enrolment Form, available here. You will have to submit details (demographic information) such as:

    • Name
    • Date of birth
    • Address
    • Other relevant information as may be specified in the form2.

Step 3: While filling the Form in Step 2, you are also required to submit the originals of one valid Proof of Identity (PoI) document and one valid Proof of Address (PoA) document. View the list of acceptable documents here.

Step 4: After you fill the form, your biometric data shall also be taken as part of the enrolment. It includes your:3

  • Photograph
  • Finger-prints
  • Iris scan

Step 4: At the end of the process, you will get an acknowledgement slip with an Enrolment Number and other details you have given during enrolment.

Step 5: You can check if your Aadhaar is ready using your Enrolment ID here. Verify whether your Aadhaar is genuine or not here.

Step 6: Your Aadhaar will be ready in 60-90 days. Once the Aadhaar is ready, you receive an SMS on the registered mobile number. After Aadhaar is ready, your Aadhaar Card with your Aadhaar number and other details are enclosed in a physical letter which will be delivered to you.

You can also download an electronic version of your Aadhaar with your Aadhaar number or Enrolment ID here. Downloaded Aadhaar (e-Aadhaar) is a valid and secure password-protected electronic document which is treated at par with the original Aadhaar letter.4

If you require any additional help and support, please see here.

Check this Government resource to learn more about how to get Aadhar.

  1. Section 2(l), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 2(k), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 [↩]
  3. Section 2(g), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  4. Ministry of Electronics & IT, Unique Identification Authority of India, Validity of e-Aadhaar as Proof of Identity, https://uidai.gov.in/images/uidai_om_on_e_aadhaar_validity.pdf [↩]

Passport for LGBTQ+ Persons

A Passport is an official document issued by the government that allows you to travel internationally.1 The Ministry of External Affairs issues Passports through the Central Passport Organisation (CPO) and you will be able to apply for a passport by approaching Passport Offices, Passport Seva Kendras (PSK) and Post Office Passport Seva Kendras (POPSK) in India.

Given below are some of the important rights you have while applying for or updating a Passport:

 

New/Update and Re-issue of Passport

The procedure for a new Passport, updating a Passport and re-issuing a Passport in case you have lost or damaged it, is the same in India. With respect to Passport, reissue refers to renewal of a passport. These can be done either online or in-person. To understand how to get a new Passport, update the details of your Passport or re-issue your passport, read here. 

  • Name: If you have changed your name to reflect the gender you identify with, you can fill your new name in the passport application form. You should carry a copy of your changed name in the Central/State Gazette and a copy of other ID proofs which recognize your new name in case the passport authorities require it. 
  • Gender Details: While obtaining a new Voter ID card, you have 3 options for gender which is “male”, “female” and “transgender” (third gender). This option is available to you in all Passport offices  across India and in the passport application form.


The Passport 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 Passport 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. Section 3, Passports Act, 1967. [↩]

How do you verify your name on the Electoral Roll?

Verifying your name on the electoral roll is important. Before you go to the polling station to cast your vote, you can verify if your name is included in the electoral list of your constituency, by any of the following methods1:

Online

You can visit NVSP’s Electoral Search website and fill in the required details, such as your name, age, the State, district and the assembly constituency where you reside. If you are on the electoral roll, your details along with your EPIC number will be verified by the website.

In Person

If you are not able to verify your name online, you can call 1950 and ask for the details of the office where you can go to check your name on the electoral list. They will also inform you to take relevant documents or identification for the purpose of verification.

  1. Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq. [↩]

Use of Public Property for Political Advertisements

Political parties and candidates are not allowed to use public properties/places for political advertisements. They cannot write on the walls, paste any posters/papers, erect/display any cutouts, hoardings, banners, flags etc. as a part of election campaigning. Some examples of public properties are1:

  • Railway stations, railway flyovers, bus stands, airports, bridges,
  • Government hospitals, post offices,
  • Government buildings, municipal buildings, etc.

If a political party or candidate, puts up any of their campaign material on a public property, then it will be an MCC violation.

  1. Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

Do’s and Dont’s of the Army

As per the Supreme Court guidelines, there are certain acts which the army should do, and acts which are prohibited. These Supreme Court guidelines are as under:

What should the army do?

Before the Operation

  • The army should be carrying out the operations only in areas which are declared as ‘Disturbed Areas’.
  • Only an officer who is a JCO (Junior Commissioned Officer), WO (Warrant Officer) and NCO (Non-Commissioned Officer) can open fire or arrest.
  • The army has to get information from local civil authorities, before conducting any raids or searches.
  • The army should try to keep a representative from the civil administration during such raids.

During the Operation

  • Open firing can be done only after due warning to the suspect.
  • The army has to make sure that the person(s) is acting in contravention of law and order. Only then can they open fire.
  • The army should arrest those who:
    • Have committed cognizable offences, or
    • Who are about to commit cognizable offences, or
    • Person(s) against which reasonable grounds exist to prove that they have committed or are about to commit cognizable offences.
  • The army should keep in mind the following directions:
    • The army should not harass innocent people.
    • The army should not destroy property of the public.
    • The army should not unnecessarily enter into houses of people who are not connected to any unlawful activities.
  • Women should not be arrested without the presence of female police. Women should only be searched by female police.

After the Operation

  • The army should make a list of persons arrested.
  • The persons arrested should be handed over to the nearest police station with least possible delay and a detailed police report should also be forwarded with the arrested to the police station.
  • If there any delays in handing over suspects to the police, then it must be justified by the army. The least possible delay must be 2-3 hours and it may be extended to 24 hours depending on the situation.
  • After a raid is done, a list of arms, ammunitions and other materials should be made and this should be handed over to the police station with the seizure memo.
  • The army has to make a record of the following:
    • Area where the operation is launched.
    • Date and time of the operation.
    • Persons participating in such raid.
    • Record of the commander and other officers/JCOs/NCOs forming part of the force.
  • Medical relief should be given to any person injured during an encounter and if the person dies, the body should be immediately handed over to the police.

While dealing with the Civil Court

  • All the directions given by the Supreme Court or the High Court should be followed.
  • If any army personnel is summoned by the Court:
    • The decorum must be maintained and proper respect must be paid to the Court.
    • Questions should be answered politely and with dignity.
  • Detailed record of the entire operation should be maintained. The information must be correct and clear.

What should the army not do?

  • A person should not be kept in custody for any period longer than required and should be handed over to the nearest police station.
  • No force should be used on a person arrested, except if they are trying to escape.
  • Third-degree methods, which are methods which cause pain and suffering, should not be used against those arrested or under suspicion to extract information or confessions out of them.
  • The armed forces should only arrest a person. They should not do any form of interrogation.
  • If any person has to be released, then it must be done through the civil authorities.
  • Official records should not be tampered with.
  • The armed forces cannot take back a person after they have been handed over to the civil police.

AFSPA in Jammu and Kashmir

Most of the provisions of the Armed Forces (Special Powers) Act, 1990 (AFSPA) applicable in Jammu and Kashmir are similar to the Armed Forces (Special Powers) Act, 1958 which is applicable in the North-Eastern States. The armed forces have broader investigation powers in Jammu and Kashmir:

  • Under the AFSPA (Jammu and Kashmir), the powers of the armed forces extend to breaking open any lock, door, almirah, safe, box, cupboard, drawer, package or other thing, if the keys of these cannot be found.
  • Any Commissioned Officer, Warrant Officer or a Non-Commissioned Officer can stop, search and seize any vehicle or vessel if they suspect that they are carrying:
    • Any person who is a proclaimed offender;
    • Any person who has committed a non-cognizable offence;
    • A person against whom a reasonable suspicion exists that they have committed or is about to commit a non-cognizable offence;
    • Any person who is carrying any arms, ammunition or explosive substance unlawfully.

Who investigates terrorist and unlawful activities?

Apart from the regular investigation authorities, such as the police, the Government has set up a special National Investigation Agency to investigate and prosecute offences related to explosive substances, atomic energy, nuclear weapons, unlawful activities, terrorist activities, hijacking, etc.

 

Powers of National Investigation Agency Officers

NIA officers have the power to investigate these offences and arrest people involved in such offences. NIA officers have all the powers, duties, privileges and liabilities of police officers while conducting an investigation. The administration of the NIA lies with its Director-General, who enjoys the same powers as a Director-General of Police.

While investigating any offence under the Act, the NIA can request a State government to associate itself with the investigation. The NIA can also take the approval of the Central government to transfer a case to a State government for investigation and trial. For doing this, the NIA will take into account the seriousness of the offence and other relevant factors.

 

Special Courts for NIA 

Further, the Central government can choose Session Courts in different States to function as Special Courts for the trial of NIA offences. These Special Courts are chosen in consultation with the Chief Justice of the High Court of the respective State. Every offence investigated by the NIA is tried by the Special Court which has authority in the local area where the offence was committed.