Theme: Government & Elections

Voter ID for LGBTQ+ Persons

A Voter ID Card, also known as the Electors Photo Identity Card (EPIC) is a photo identity card that is issued by the Election Commission of India (ECI) to all individuals who are eligible to vote.(( Section 61(b), Representation of Peoples Act, 1951; Rule 28(2), Registration of Electors Rules, 1960.)) This card is commonly known by other names such as an election card, voter’s card, Voter ID, etc. 

 

New Voter ID 

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, your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency. To understand how to get a new Voter ID 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 application form. You should carry a copy of your changed name in the Central/State Gazette in case the election authorities require it. 
  • Gender Details: While obtaining a new Voter ID card, you have 3 options for gender which is “male”, “female” and “transgender”. This option is available to you in all offices of Electoral Registration Officers, Assistant Electoral Registration Officers and Booth Level Officers  across India and in the application form.

 

Updating / Changing Voter ID Details

You can update the demographic information of your Voter ID Card 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 Voter ID 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 all offices of Electoral Registration Officers, Assistant Electoral Registration Officers and Booth Level Officers and in the application form. 


The election 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 election 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 find a Polling Station?

Follow the steps given below to find your polling station to vote. (( Section 25, The Representation of People Act, 1951.))

Polling Booth/Station

If you are a registered voter with a Voter ID Card, then you have to visit a polling station on the voting day in your constituency.

A polling booth or station is fixed at a building or a hall where the voters of the concerned polling area cast their votes. Usually polling stations are set up in permanent places like schools, government buildings etc, but they can also be set up in private buildings or buildings outside the polling area if space is not available.

Finding Your Polling Station

You can find out where your polling station is, by visiting the National Voters Services Portal.

The polling station will usually be only 2 kilometers away from your place of residence. Only in hilly areas or forest areas, it may be set up further away.

Social Media Advertisements

The MCC applies to all social media platforms. There are five categories of social media that are regulated under the MCC(( Instructions of the Commission with respect to use of Social Media in Election Campaigning, Letter of ECI dated 25th October, 2013, Page 88, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf)):

  • Collaborative projects (like Wikipedia).
  • Blogs and microblogs (like Twitter).
  • Content communities (like YouTube).
  • Social networking sites (like Facebook).
  • Virtual Game worlds like (Gaming applications).

There are some rules that have to be followed by political parties and candidates while advertising through social media, such as:

Giving Information

Candidates are supposed to fill Form 26 at the time of filing nominations. The form includes details of the candidate such as email ID, social media accounts etc. This is done so that the candidate declares all the authentic social media accounts that he/she has.(( Form 26 Amendments, Election Commission, available at https://eci.gov.in/files/file/9365-amendments-in-form-26-format-of-affidavit-to-be-filed-by-candidates/))

Pre-certification of advertisements

All social media advertisements have to be pre-certified by the Media Certification and Monitoring Committee(( Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/)) set up in district and state levels. It is only after this committee looks into the advertisement that the advertisement can be published online on any social media forum.

Expenditure

All candidates and political parties have to include the expenditure on social media advertisements. Specifically, they need to make a note of expenditure regarding creative development of content, operational expenditure on salaries and wages, and campaign related expenses.

Do’s and Don’ts of the Army While Providing Aid

The Supreme Court has listed guidelines for the armed forces while providing aid to the civil authority.

What should the army do?

  • Maintain communication with the civil authorities if possible by telephone or radio.
  • Get the permission or an official order from the Magistrate to provide aid.
  • Minimize the force and injury to any person or property.
  • These guidelines must be followed when open firing is required:
    • Give a warning in a local language that firing will take place.
    • Attract attention before firing by a bugle or other means.
    • The armed forces should be distributed in fire units with specified Commanders.
    • Control fire by issuing personal orders.
    • Note the number of rounds fired.
    • Aim at the front of the crowd rioting or inciting to riot, not at the crowd behind. Aim low and shoot for effect.
    • Light Machine Gun and Medium Gun should be kept in reserve.
    • Once the object has been achieved, cease fire immediately.
  • Immediate steps should be taken to secure any wounds or injuries
  • Maintain cordial relations with civilian authorities and paramilitary forces by ensuring high standard of discipline.

What shouldn’t the army do?

The guidelines for the armed forces also include what they should not do or refrain from doing. These are:

  • Excessive force, or hand to hand struggle with the mob should not be done.
  • No one should be ill-treated, in particular, women and children.
  • There should be no harassment of civilians or torture by the armed forces.
  • No communal bias should be present while dealing with the civilians.
  • Armed forces should not meddle in civilian administration affairs.
  • There should be no surrender or loss of weapons.
  • Presents, donations and rewards should not be accepted.

Who are the authorities under the UAPA law?

Given below are the authorities under UAPA law-

Tribunal

The Central Government (when necessary) constitutes a tribunal known as the Unlawful Activities (Prevention) Tribunal, consisting of one person appointed by the government. The Tribunal has the power to decide whether there is enough reason for declaring an association unlawful.

 

Review Committee

The Central Government constitutes Review Committees, each of which is headed by a Chairperson who is/has been a High Court judge, and two other members.  A Review Committee has the power to denotify a person or organisation from being declared as terrorist.

Driving License

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, and it also serves as a proof of identification.

You can apply for a DL in any state where:

  • You either live or ordinarily conduct business, or
  • Where your driving school from where you have taken your training(( Section 9(1), Motor Vehicles Act, 1988)) is located.

Please note that you can hold only one DL at a time.(( Section 6(1), Motor Vehicles Act, 1988)) Your DL will be valid throughout India, i.e you can use your DL to drive in any state in India.(( Section 13, Motor Vehicles Act, 1988)) See here for information on the time periods of validity.

Electronic Driving License 

Now, you can also carry an electronic copy of your Driving License in the DigiLocker or mParivahan app.(( Rule 139, Central Motor Vehicles Rules, 1989)) The electronic form of Driving License is just as valid as a physical copy. If you drive a motor vehicle without possessing a DL, you can be punished with jail time of up to 3 months and/or a fine of Rs. 5,000.(( Section 181, Motor Vehicles Act, 1988))

You can get a DL only if:

  • You are an adult(( Section 4(1), Motor Vehicles Act, 1988)) i.e. above 18 years of age.
  • You hold a valid Learner’s License,(( Rule 14(1)(a), Central Motor Vehicles Rules, 1989))which is a temporary license which is valid for 6 months from the date it is issued to you.
  • You are not disqualified from holding a Driving License.(( Section 9(1), Motor Vehicles Act, 1988)) 

You can obtain a new DL, update your DL, renew your DL and get a duplicate DL. If you require any additional help and support, please see here.

Read this government resource to know more

Ration Card for LGBTQ+ Persons

Ration cards are helpful when you want to get essential goods such as rice, grains, etc. at a lower subsidised price from shops set up by the government. Ration Cards have been introduced as part of the Government’s Public Distribution System and is an important identity proof. They are issued to people depending on their economic status, so some people may be issued a ration card which is APL (Above the Poverty Line) or it may be BPL (Below the Poverty Line). 

Since Ration cards are issued by State Governments, the procedures to obtain them are also dependent on the State rules. Under the law, ration cards are issued to the eldest woman in the household who is above 18 years and this woman would be considered to be the ‘head of the household’. If there is no woman, then the eldest male gets the Ration Card. Now as per the law, even transgender women can be the heads of the households.(( Ashwin Kumar Misra v Bharat Sarkar, 2015(4) RCR (Civil) 327.)) 

Given below are some of the important rights you have while applying or updating a Ration Card.

 

New Ration Card

You should fill out the application form, which you can obtain from any Circle Office, or download it from your state government’s website. You can access the portals to the relevant website for all the states here. To understand how to get a new Ration 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 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 circle office authorities require it. 
  • Gender Details: While obtaining a new Ration card, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Ration Cards are regulated state wise, sometimes there may not be an option to choose transgender and in such situations, you should:
    • Contact the Ration Card Circle Officers 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 Ration Card Details

You can update the demographic information of your Ration Card 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 Ration 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”.


The Circle Office 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 Ration card 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.

Can you vote without a Voting Card?

You may vote without a voting card. You can carry any of the following documents to the polling station to cast your vote(( Photo voter slips not to be valid as stand-alone identification document for voting, Election Commission available at https://eci.gov.in/files/file/9367-photo-voter-slips-not-to-be-valid-as-stand-alone-identification-document-for-voting/)):

  • Voter ID Card/EPIC
  • Aadhar Card
  • MNREGA Job Card
  • Passbook issued by Bank/Post Office with Photo
  • Driving license
  • Service Identity Cards (issued to employees by Central or State Government/PSUs/Public Limited Company)
  • PAN Card
  • Passport
  • Pension Document (with photo)
  • Smart Card issued by RGI under NPR
  • Health Insurance Smart Card (issued under the scheme of Ministry of Labour)
  • Official Identity Cards issued to MPs/MLAs/MLCs
Voter ID Documents

 

Advertisement on Television

Television broadcasts on elections must be on general events which are relevant and of common interest to the country, without supporting or criticizing and mocking any other candidate or political party. Then it is not a violation of the MCC. Some examples are(( Chapter 6, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

  • If there is a live telecast of a cricket match, advertisements showing pictures of politicians cannot be played in between.
  • A political party cannot put up pictures of political leaders while telecasting a live coverage of a conference.
  • A political party cannot screen a movie before the elections regarding the life of a politician as it would influence the viewers to vote for them.

To prevent any form of political advertising, TV Channels and Cable Networks by any registered political party, group, organization, association and individual candidate, have to be pre-certified by the Media Certification and Monitoring Committee (MCMC) set up in district and state levels. If the MCMC finds that any advertisement has been made in TV or Cable Network in favour of any candidate without proper permission, they shall inform the Returning Officer (RO) immediately. The RO will then send a notice to the candidate and take action.

Can you get bail for UAPA cases?

Yes, but the UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. The accused cannot get bail:

  • Unless the government’s lawyer has heard the bail application.
  • If the court thinks that there is a reasonable possibility that they actually committed the offence that they have been accused of.

If a UAPA offence is committed by a person who is not an Indian citizen, or a person who has entered India illegally, the court will not give bail. Such a person can get bail only in very exceptional circumstances and the court has to record the reasons for granting bail.

The Supreme Court has held that violation of the fundamental right to a speedy trial is a ground for the constitutional court to grant bail in UAPA cases.

If you want to know more about Bail, check out our explainer.