Theme: Government & Elections

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.(( Raghubir Singh v. State of Bihar, A.I.R. 1986 S.C. 508.)) However, just doing one of these acts may not amount to sedition.(( Romesh Thappar v. State of Madras, A.I.R. 1950 S.C. 124.)) 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.

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 order((  Section 7, Unlawful Activities (Prevention) Act, 1967.)).

 

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 place(( Section 8, Unlawful Activities (Prevention) Act, 1967.)).
  • 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.

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

  • 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

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 License(( Rule 3(b), The Central Motor Vehicles Rules, 1989)). 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.

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 Voter (( Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/.)):

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 will(( Handbook for Presiding Officers, Election Commission of India, available at, https://ceodelhi.gov.in/WriteReadData/HandBooks/Handbook_for_Presiding_Officers.pdf.)):

  • 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. (( Section 61A, The Representation of People Act, 1951.))

EVM

Moving to the Voting Compartment(( Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/))

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.

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.(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639.))

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.(( Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/))
  • The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.

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.