Theme: Government & Elections

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 ID(( 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))

  • 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

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

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.

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 are(( Model Code of Conduct, Election Commission of India, available at eci.gov.in.)):

  • 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.(Section 123(3), Representation of the People Act, 1951.))
  • No one should use religion to create disharmony among different groups of people.(( Section 153A, Indian Penal Code (IPC); Section 125, Representation of the People Act, 1951.))
  • No one should make any malicious statements which would attack the personal life of any politician.(( Section 123(4), Representation of the People Act, 1951.))
  • 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.

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.(( 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,(( Section 2(a), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) specific to each individual,(( Section 4(1), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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.(( Section 3(3), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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.(( 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

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.(( Section 29, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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.(( Section 4(2), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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.(( Section 9, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016))

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.(( Section 7, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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.(( Section 2(v), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016))

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

Aadhar Card for LGBTQ+ Persons

Aadhaar is a 12-digit identification number(( Section 2(a), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016.)), specific to each individual(( Section 4(1), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016.)), 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.((  Section 3(3), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016.)) 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.

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. (( Section 135B, The Representation of People Act, 1951.))

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. (( 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 cannot(( Rule VII – Party in Power, Model Code of Conduct – Election Commission of India, available at https://eci.gov.in/mcc/.)):

  • 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 not(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639)):

  • 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.