Theme: Identification & Certificates

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.

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, (( 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))), etc.

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: (( Section 3, Citizenship Act, 1955))

  • 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

There are three other procedures that can be followed to become an Indian citizen i.e. by descent,(( Section 4, Citizenship Act, 1955)) naturalization(( Section 6, Citizenship Act, 1955)) and registration.(( Section 5, Citizenship Act, 1955)) 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.  For more information, click here.

Termination of Indian Citizenship

Your status as an Indian citizen can be terminated if:

  • You give up your Indian citizenship.(( Section 8(1), Citizenship Act, 1955))
  • You voluntarily acquire the citizenship of another country.(( Section 9(1), Citizenship Act, 1955))

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,(( Section 10(2)(b), Citizenship Act, 1955))
  • If your citizenship  was obtained fraudulently, by false representation or by not revealing crucial facts,(( Section 10(2)(a), Citizenship Act, 1955)) 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,(( Section 10(2)(c), Citizenship Act, 1955))
  • 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,(( Section 10(2)(d), Citizenship Act, 1955))
  • 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.(( Section 10(2)(e), Citizenship Act, 1955))

Read this government resource to know more

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

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 are(( IndiaGov Archive, Apply for Ration Card:Delhi, FAQs, https://archive.india.gov.in/howdo/service_detail.php?formid=50&service=7)):

  • 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

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 License(( Rule 3(b), The Central Motor Vehicles Rules, 1989)). 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.

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.