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The State Governments can suggest whether the situation in the state demands implementation of AFSPA or not. However, the Governor or the Central Government can either accept or reject such a suggestion.
Theme: Government & Elections
Can a case be filed against the army personnels in a Court?
You can only file a case against an army personnel, in a civil court in situations when there is special permission from the Central Government. However, the armed forces, under their own rules and regulations, have their own courts to try their officers (for offences specified under their own rules and regulations). These courts are called the Armed Force Tribunal.
If a person commits a crime under the anti-corruption law for the second time, what happens?
Any person who regularly influences public servants through illegal means or uses business relationships to influence public servants can be sent to jail for a period of 5 to 10 years and can also be asked to pay a fine.
What will happen if a public servant does a favour, but not through any specific action of mine? Will this be considered as corruption?
You can still be punished if you took the money and made the person who bribed you, believe that you were responsible for the favour. For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.
What will happen if I take the money as a public servant, but I don’t do the favour? Will this be considered as corruption?
You can still be punished. For example, you are a junior officer in the Bhopal Municipality and you accept a bribe from Ravi promising to give his company approval to build a tank in the locality, but you know that as a junior officer you do not have the power to give the approval. You can still be punished under this law.
Will salary and other perks (allowances) of a public servant be considered to be bribes?
No, salary, house allowance, pension payment and all payments that the public servant gets for his work are not considered bribes.
Can the police inspect your pass book and bank details if they doubt you are breaking anti-corruption law?
Yes, if the police think that you are breaking this law they can check your banker’s books in connection with your crime. They can also check the banker’s books of another person who might be holding money on your behalf. They can do this without a warrant.
Can I be punished under the anti-corruption law even if I was not successful in committing the crime?
Yes, if you as a public servant try to steal or sell property given to you as part of your work or take gifts or money unlawfully, you can be punished. It does not matter that you did not succeed. You can be sent to jail for a period of 3 to 7 years and can also be asked to pay a fine.
Example: Mukesh is a police officer. His superior officer has given him gold jewelry for safekeeping, which was returned by a thief during police questioning. Mukesh tries to sell it to Ravi, but the senior officer sees them and stops him. Even though Mukesh failed he is still breaking this law.
What do I do if the notary refuses to verify my affidavit, as an LGBTQ+ person?
If the notary refuses to verify your affidavit, you can approach another notary. There are multiple notaries in a city and one of them is bound to help you out. If this does not work, then take the help of a lawyer who will be able to persuade the notary to notarize your documents.
Gender Identification
Courts have accepted that it is the right of any person to choose their gender if they do not identify with the sex assigned to them at birth. This choice is made when a person understands their internal and individual experience of their body, bodily appearance, speech, mannerisms etc. This is known as ‘gender identity’.(( Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018)10 SCC 1, National Legal Services Authority vs. Union of India (UOI) and Ors. (2014)5SCC438.))
You have a right to be recognized in India with the gender you identify with. This may be the sex you were assigned at birth or the gender you associate with as you grow up. Throughout your life, you may even change your gender identity multiple times. Currently under the law, three genders have been recognized: ‘male, ‘female’ and ‘third gender’ (transgender persons). For example, you may be assigned the sex ‘male’ at birth, but while growing up you have the right to identify your gender as a transgender person.
To change your gender identity, you can take the following steps:
- You can change your name to associate with the new gender you identify with.
- You can undergo Gender Affirmative Therapy which includes forms of medical interventions by which you can affirm and explore different options for your new gender identity.
If you have affirmed your new gender, you can start by getting new or updating identification documents to show your new gender identity.