Theme: Identification & Certificates

When can my application for passport be refused?

Your application for a Passport may be refused on the following grounds:

  • You are not a citizen of India,
  • You may, or are likely to, negatively impact the sovereignty or integrity of India, outside the country, or your presence outside India may be detrimental to friendly relations between India and other countries, or your departure from India may, or is likely to, be detrimental to the security of India, 
  • You have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, within 5 years of making this application, 
  • You have committed an offence and criminal proceedings are pending before a Court,
  • A Court has issued a warrant or summons for the appearance, or a warrant for the arrest, with respect to you under any law, 
  • A Court has passed an order prohibiting your departure from India. 
  • You have been repatriated and have not reimbursed the expenditure incurred, 
  • Issuing you a Passport will not be in public interest, in the opinion of the Central Government of India.

What happens to the citizenship of my children if I renounce my Indian citizenship?

If you give up your Indian citizenship, any minor children (i.e. any children that you have who are below the age of 18) that you have will also cease to be Indian citizens.(( Section 8(2), Citizenship Act, 1955)) However, if the citizenship of your minor children is revoked, he may, within one year of turning 18 years old, make a declaration that he wishes to be an Indian citizen, and his Indian citizenship shall be resumed. However, if your children are majors, they will continue to be Indian citizens.

Can there be dual citizenship in India under any circumstances?

No, there is no provision in India for acquiring dual citizenship. You have to renounce your citizenship, and surrender your Indian Passport,(( Section 9, Citizenship Act, 1955)) before taking another country’s citizenship, and failure to do so is an offence. For example,  you cannot hold an Indian Passport and an American passport at the same time.

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’.1 

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.

  1. 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. [↩]

Citizenship in India

Citizenship is the legal status given to a citizen of a particular country, which is granted by the Government. The rights that citizens of India have differ from non-citizens. For example, only citizens of India can contest in elections.1

Proof of Citizenship

In India, the government has not mandated that citizens should hold any particular document to be regarded as Indian citizens, except in Assam. Indian citizens may choose which proof(s) of identification they want to acquire, based on the services that card/document provides. For instance, one must have a PAN Card to be able to file income tax returns or a Voter ID Card to vote in elections, but the government does not mandatorily require you to possess any of these proofs of identification.

However, please note that no proof of identification, such as Aadhar, Passport, is a conclusive proof of citizenship in India.

Acquiring Indian Citizenship

Under the law, you are considered an Indian citizen if you are born in India and fall in one of the 3 categories below:2

  • If you were born between 26th January 1950 to 1st July 1987: You are a citizen irrespective of the nationality of your parents.
  • If you were born between 1st July 1987 to 3rd December 2004:  One of your parents should have been an Indian citizen when you are born
  • If you were born on or after 3rd December 2004: Both your parents must be  Indian citizens; or if only one of your parents is a citizen, then the other is not an illegal immigrant

The Citizenship Amendment Act (CAA) was notified in March 2024. It offers a fast track to citizenship for persecuted minorities (Hindu, Sikh, Buddhist, Parsi, Jain, and Christian) from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.  They can apply for citizenship through a simplified process if they can show evidence of religious persecution in their home country.
The residency requirement for these minorities seeking citizenship has been reduced to 6 years, as opposed to the standard 11 years required for naturalization under other circumstances.

There are three other procedures that can be followed to become an Indian citizen i.e. by descent, naturalization and registration.3 Through these, you can also acquire Indian citizenship if you were born outside India in certain cases. Indian residents and others, who are not citizens by birth, can apply for Indian citizenship.

Termination of Indian Citizenship

Your status as an Indian citizen can be terminated if:

  • You give up your Indian citizenship.4
  • You voluntarily acquire the citizenship of another country.5

Furthermore,  if you are not born as an Indian citizen and have acquired citizenship by naturalisation or registration under certain circumstances, then the Government  may deprive you of your status as an Indian citizen:

  • If you show yourself to be disloyal towards the Constitution of India,6
  • If your citizenship  was obtained fraudulently, by false representation or by not revealing crucial facts,7 etc.
  • If, during any war India is engaged in, you have unlawfully traded or communicated with an enemy, or knowingly associated with any business assisting the enemy,8
  • If you were sentenced to jail in any country for at least 2 years, within 5 years of being registered/naturalized as an Indian citizen,9
  • If you have been residing out of India for more than 7 years continuously, without being enrolled in any educational institute in that country, or in the service of Government of India, or an international organization of which India is a member. Your citizenship may also be deprived if, during this time,  you have not demonstrated your intention to be an Indian citizen through the prescribed requirements.10

Read this government resource to know more.

  1. Election Commission of India, FAQs, Contesting for Elections, Q.1., https://eci.gov.in/faqs/page/2/; Mr. Louis De Raedt & Ors. v. Union of India & Others, 1991 SCR (3) 149 [↩]
  2. Section 3, Citizenship Act, 1955. [↩]
  3. Sections 4, 6 and 5, Citizenship Act, 1955. [↩]
  4. Section 8(1), Citizenship Act, 1955. [↩]
  5. Section 9(1), Citizenship Act, 1955. [↩]
  6. Section 10(2)(b), Citizenship Act, 1955. [↩]
  7. Section 10(2)(a), Citizenship Act, 1955. [↩]
  8. Section 10(2)(c), Citizenship Act, 1955. [↩]
  9. Section 10(2)(d), Citizenship Act, 1955. [↩]
  10. Section 10(2)(e), Citizenship Act, 1955. [↩]

Your Right to Recognition of Your Gender Identity

Identification documents play a major role in facilitating your rights such as the right to healthcare, education, etc. and are also important for day-to-day activities such as applying for a SIM Card or a bank account, etc. It is your right to get identification documents recognizing the gender you want to be associated with. 

Genders are recognized in government-issued ID Proofs

Identity documents in India only recognize 3 categories which are “male”, “female” and “third gender” (transgender) . If you come across any forms or procedures which do not give you the option of choosing “third gender” (transgender) , then you can:

  • Ask the authorities what options you have
  • Take the help of lawyers, NGO’s to assist you in obtaining the identification proof
  • Carry a copy of proof of your gender identity. 

You should try and get at least one of the identity proof documents given below so that, the process of applying for the others becomes easier for you. Even though many of the identity documents are common across India, the procedures for obtaining them may be different so it is important to understand the requirements within your state. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc.

 

List of Commonly Accepted Government Identity Documents

You can try and apply for some of the identity documents (ID Proofs) given in the list below: 

ID Proof Gender Options Comments
Driving License The central form does not contain options for gender. Some States may have the option. Your form may contain a restrictive line such asContains only “son/wife/daughter of”
Learner’s License The central form does not contain options for gender. Some States may have the option. Contains only “son/wife/daughter of”
PAN Card Options available are Male, Female, Transgender
Aadhar Card Options available are Male, Female, Transgender
Ration Card The central form does not contain options for gender. Some States may have the option. Included in Details of Applicant and Family Members
Passport Options available are Male, Female, Transgender
Voter ID Options available are Male, Female, Transgender

 

State-Centric Processes

The procedures for obtaining each of the identity documents may be different across states so it is important to understand the requirements within your State. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc. 

Getting Identification Proof (ID Proof)

In India, getting proof of identification is of paramount importance since an ID proof contains your personal details, which are useful for authorities to determine and verify your identity. ID proofs serve various purposes including:

  • Government Benefits: ID proofs, such as Ration Cards, enable you to apply for and receive government benefits, such as food at subsidized prices, etc.
  • Proof of Age and Proof of Residence: Various ID proofs serve as proof of address and proof of age, required for day-to-day activities. For instance, a PAN Card can be used for  opening a bank account. 
  • Photo Identity: Various ID proofs serve as a proof of photo identity. For example, when you enter an airport, you need to give a photo identity card, such as your Driving License which helps cross-check your picture.
  • Utilizing Government Services: ID proofs also allow you to enjoy certain things, like driving a car, riding a motorcycle, etc. For example, a Passport allows you to travel internationally.

You should try to get at least one proof of identification, as it will simplify the process of getting other ID proofs. Please note that there is no proof of citizenship in India. Your identification proofs and documents are only used as a proof for authenticating and verifying who you are.

Types of ID Proofs

The Government of India issues multiple identification documents. The most commonly used identification cards/documents are:

For a full list of documents accepted as proof of identification, see here.

Read this government resource to know more

Proof of Gender Identity

Gender identity refers to an individual’s self-identification as a man, woman, transgender or other identified category, like intersex.1 When you face any trouble with officials or people who want you to prove the gender you identify with, you have the option of showing them the documents given below. 

 

Option 1: Affidavit or Undertaking

An affidavit/undertaking is a document which contains facts written by you such as your desired new name, gender you identify with, etc. You will have to verify the affidavit/undertaking with a Notary or Oath Commissioner who will stamp and sign it, thereby making it a valid legal document which can be used as proof. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc. The affidavit/undertaking will be a document that you can use to prove facts such as the medical procedures you have undergone and the gender you identify with, etc. 

 

Option 2: Medical Certificate

If you have undergone any sex-change operation, you can show the medical certificate from the hospital as proof of gender change. The details of any medical procedures you have undergone can also be written in the affidavit/undertaking so that you have a legal and notarized document as proof.

 

Option 3: Name change in Gazette

If you have changed your name to reflect the gender you associate with and you have successfully published it in the Central/State Gazette, then you can take a copy of the Gazette notification as proof. Gazette notifications itself can be considered proof and it is not necessary that you have to notarize them.

No one can subject you to any form of gender verification, where you are harassed or touched inappropriately in private or in public. This is why the documents given above are important proof of your gender identity. If you face any form of harassment, you should file a complaint with the police and take the assistance of a lawyer during this process.

  1. Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018)10 SCC 1 Para (5). [↩]

Changing Your Name

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name:

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette)

An affidavit/undertaking are documents which contain facts written by you such as your desired new name. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc.

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service.

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement.

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level).

 State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees.

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following:

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar.
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’
  • Add in the dates
  • in the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file and this downloaded copy can be used as proof.

What are the Steps for Changing Your Name?

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name: 

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette) 

An affidavit/undertaking are documents which contain facts written by you such as your desired new name, the gender you identify with, medical procedures you have undergone, etc. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc. 

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service. 

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement. 

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level). 

State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees. 

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following: 

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar. 
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’ 
  • Add in the dates  
  • In the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file. This downloaded copy can be used as proof.

Proof of Residence

To issue different government kinds of proof of identification, you will have to submit a proof of residence, which may indicate your permanent address or your communication address. 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, Passport

  • Bank/Post Office Statement/Passbook
  • 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 residence proof.
  • Ration Card, Voter ID, Driving License
  • Insurance Policy
  • Disability ID Card/Handicapped Medical Certificate
  • Property Tax Receipt (not older than 1 year)
  • Any of the following documents, not older than 3 months:
    • Electricity Bill
    • Water Bill
    • Telephone Landline Bill
    • Credit Card Statement
    • Gas Connection Bill

Refer here for a complete list for residence proofs for Aadhar, PAN Card and Passport.

Voter ID

  • Bank/Kisan/Post Office Passbook
  • Ration Card, Passport, Driving License
  • Income Tax Return/Assessment Order
  • Latest Water/Telephone/Electricity/Gas Connection Bill for that address, either in the name of the applicant/his immediate relations like parents, etc.
  • Postal Department’s post received/delivered in the applicant’s name at the given address.

Driving License

  • Ration Card, Voter ID Card
  • Life Insurance Policy
  • Payslip issued by any office in the Central/State Government or a local body
  • Post Office/Bank Passbook (indicating residential address)
  • House Tax Receipt, Marriage Certificate, Income Tax Returns

For a complete list for residence proofs for Driving License refer here.

Ration Card

Different states have different requirements with respect to the proof of residence required while obtaining a Ration Card. However, some of the common documents accepted are1:

  • If you are the owner of a house: Registration deed, allotment letter, power of attorney, house tax receipt etc.
  • If you are the tenant: NOC of landlord, Rent Agreement etc.

Read this government resource to know more

  1. IndiaGov Archive, Apply for Ration Card:Delhi, FAQs, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7 [↩]

Learner’s License for LGBTQ+ Persons

A Learner’s License is a temporary license which is valid for 6 months, which legally allows you to practice driving on Indian roads, as long as you are accompanied by an adult who holds a valid Driving License1. You must be 18 years old before you apply for a DL, so you need to get your Learner’s License renewed or get a new one, as a Learner’s License is only valid for 6 months, depending on the regulations of your state, if you get your Learner’s License before you turn 18 years of age. 

 

New Learners License 

You need to get a Learner’s License before you can apply for a Driving License, unless you have a Driving Certificate by a State accredited driving school. To understand how to get a new Learner’s License, follow these steps: 

  • 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 Learner’s License, you may have 3 options for gender which is “male”, “female” and “third gender”. Since Learner’s 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.

Renewing Learner’s Licence Details

You can renew your Learner’s License, which is valid for 6 months, or obtain a new one after the date of its expiry, depending on the rules of your state. This procedure varies across states, so you should check the rules specific to your state. Read here to understand how to renew your learners 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 renewal 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 Learner’s 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 Learner’s 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.

  1. Rule 3(b), The Central Motor Vehicles Rules, 1989 [↩]

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 days1 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.

  1. Rule, 15 (1), Central Motor Vehicle Rules, 1989. [↩]

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 ID1

  • 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

  1. 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 [↩]

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.

Aadhar Card

Aadhaar is a 12-digit identification number, specific to each individual,1 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.2 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.3

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.4 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.5 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.6

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.7 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.8

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

  1. Section 4(1), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 3(3), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  3. 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 [↩]
  4. Section 29, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  5. Section 4(2), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  6. Section 9, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  7. Section 7, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  8. Section 2(v), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]

Aadhar Card for LGBTQ+ Persons

Aadhaar is a 12-digit identification number1, specific to each individual2, 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.3 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.

  1. Section 2(a), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 4(1), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]
  3. Section 3(3), Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits and Services) Act, 2016. [↩]

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,1 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 form2.

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:3

  • 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.4

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

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

  1. Section 2(l), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  2. Section 2(k), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 [↩]
  3. Section 2(g), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. [↩]
  4. 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 [↩]

Passport for LGBTQ+ Persons

A Passport is an official document issued by the government that allows you to travel internationally.1 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.

  1. Section 3, Passports Act, 1967. [↩]

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”.

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.1 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.

  1. Section 61(b), Representation of Peoples Act, 1951; Rule 28(2), Registration of Electors Rules, 1960. [↩]

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 training1 is located.

Please note that you can hold only one DL at a time.2 Your DL will be valid throughout India, i.e you can use your DL to drive in any state in India.3 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.4 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. 5,000.5

You can get a DL only if:

  • You are an adult,6 i.e. above 18 years of age.
  • You hold a valid Learner’s License,7 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.1  

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

  1. Section 9(1), Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 6(1), Motor Vehicles Act, 1988. [↩]
  3. Section 13, Motor Vehicles Act, 1988. [↩]
  4. Rule 139, Central Motor Vehicles Rules, 1989. [↩]
  5. Section 181, Motor Vehicles Act, 1988. [↩]
  6. Section 4(1), Motor Vehicles Act, 1988. [↩]
  7. Rule 14(1)(a), Central Motor Vehicles Rules, 1989. [↩]