Theme: Government & Elections

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 fine(( Section 16, Unlawful Activities (Prevention) Act, 1967.))
Raising funds for terrorist acts Jail time between five years and life imprisonment, along with a fine(( Section 17, Unlawful Activities (Prevention) Act, 1967.))
Organising Terrorist Camps Jail time between five years and life imprisonment, along with a fine(( Section 18A Unlawful Activities (Prevention) Act, 1967.))
Conspiracy Jail time between five years and life imprisonment, along with a fine(( Section 18, Unlawful Activities (Prevention) Act, 1967.))
Recruiting any Person(s) for Terrorist Activities Jail time between five years and life imprisonment, along with a fine(( Section 18B, Unlawful Activities (Prevention) Act, 1967.))
Harbouring a Terrorist Jail time between three years and life imprisonment, along with a fine(( Section 19, Unlawful Activities (Prevention) Act, 1967.))
Associating with or Supporting a Terrorist Organization  Jail time up to ten years and/or a fine(( Sections 38 and 39, Unlawful Activities (Prevention) Act, 1967.))
Raising funds for a Terrorist Organization Jail time up to fourteen years and/or a fine(( Section 40, Unlawful Activities (Prevention) Act, 1967.))
Being a Member of a Terrorist Gang or Organization Jail time up to life imprisonment and a fine(( Section 20, Unlawful Activities (Prevention) Act, 1967.))
Holding Proceeds of Terrorism Jail time up to life imprisonment and a fine(( Section 21, Unlawful Activities (Prevention) Act, 1967.))
Threatening Witnesses  Jail time between three years and life imprisonment, along with a fine(( 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,(( Section 2(l), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016)) 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 form(( Section 2(k), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016))

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:(( Section 2(g), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016))

  • 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. (( 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))

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

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

Passport for LGBTQ+ Persons

A Passport is an official document issued by the government that allows you to travel internationally.(( Section 3, Passports Act, 1967.)) 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.

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

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.

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 are(( Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

  • 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.

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.

Lost/Forgotten Aadhar

Follow the options below to get a Aadhar Card:

  • In case the mobile number is registered with UIDAI, you can retrieve your lost/forgotten Aadhaar Number (UID) or Enrolment ID (EID) here.
  • Select EID/UID for retrieval and enter the name and mobile number (as registered during Aadhaar enrolment).
  • The EID/Aadhaar number delivered on the registered email/ mobile number.

In case the mobile number is not registered in Aadhaar, visit the nearest Permanent Aadhaar Enrolment centre to update details. If a reprint of the Aadhaar is required,  order Aadhaar Reprint by paying Rs. 50.

For any additional help and support, see our explainer on Complaints/Help and Support for updating identitity documents”.