Theme: Government & Elections

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 fine(( Section 13, Unlawful Activities (Prevention) Act, 1967.)).
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 fine((  Section 10, Unlawful Activities (Prevention) Act, 1967.)).
Assisting any unlawful activity of an unlawful association Jail time up to five years and/or a fine(( Section 13, Unlawful Activities (Prevention) Act, 1967.)).
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 fine((  Section 10, Unlawful Activities (Prevention) Act, 1967.)).
Dealing with the funds of an unlawful association after the Government has prohibited it Jail time up to three years and/or a fine((  Section 11, Unlawful Activities (Prevention) Act, 1967.)).
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 fine(( 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. 

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 days(( Rule, 15 (1), Central Motor Vehicle Rules, 1989.)) 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.

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 requirements (( Voter Portal, Election Commission of India, available at https://voterportal.eci.gov.in/)), 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.

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.(( 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.(( Section 123 (5),Representation of the People Act, 1951.))

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 App(( PWD App, Google Play, available at https://play.google.com/store/apps/details?id=pwd.eci.com.pwdapp&hl=en_IN&gl=US.)) (Android) and the election authorities can provide you transport to and from the polling station on that day.

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 manner((  Section 15, Unlawful Activities (Prevention) Act, 1967.)).