Some Ligislations on issuance of Legal Identity documents

Educational Institution, 22-two percent seats shall be reserved for the students belonging to Scheduled Castes; 6 percent seats shall be reserved for the students belonging to Scheduled Tribes; 10 percent seats shall be reserved for the persons belonging to Other Backward Classes of CategoryA and 7 percent seats shall be reserved for the students belonging to Other Backward Classes of Category-B. However, the act says that the reservation of seats in any Higher Educational Institution made under this act shall, under no circumstances, exceed beyond fifty percent of the total annual permitted strength of any such Institution for any particular academic session.

The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill, 2008 - The bill seeks to reserve a prescribed percentage of posts in the civil services for members of the Scheduled Castes (SC) and Scheduled Tribes (ST) in certain establishments. The establishments include any government department, any public sector undertaking or statutory authority constituted by a Central Act, a university established by a Central Act, government owned or aided primary, secondary schools and other educational institutions, any business owned or managed by the government, or any autonomous body receiving money from the

Consolidated Fund of India. - The Bill increases the maximum age limit for direct recruitment to a post by 5 years for

SC/STs. Qualifications regarding experience required for SC/STs, the qualifying standard on examinations, and any general standard of suitability for direct recruitment are all lowered if sufficient numbers of candidates from these communities are not available on the basis of general standards. Examination and application fees are reduced for SC/STs.

The West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1976 The act provides for the reservation of vacancies in services and posts for the members of the Scheduled Castes and Scheduled Tribes. The act extended to whole West Bengal for the members of the Scheduled Castes and Scheduled Tribes who are backward classes of citizens are not adequately represented in the services and posts within the State. After the commencement of this Act all appointments to services and posts in an establishment which are to be filled up by direct recruitment shall be regulated subject to the other provisions of this Act- i) 22 percent of the vacancies shall be reserved for candidates belonging to Scheduled Castes and ii) 6 percent for candidates belonging to Scheduled Tribes. A candidate who claim to be a member of the Scheduled Castes or the Scheduled Tribes shall support his candidature by a certificate of identification in accordance with the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994.

The West Bengal Backward Classes (Other than SC&ST) (Reservation in Services and Posts) Act 2012 The act makes provision for the reservation of appointments or posts in favour of any Backward Classes of citizens which in the opinion of the State is not adequately represented in the services under the State. After the commencement of this Act, all appointments to services and posts in establishments which are to be filled up by direct recruitment shall be regulated subject to the provisions of this Act- i) 10 percent of the vacancies shall be reserved for candidates belonging to the Other Backward Classes denoted as "Other Backward Classes Category A" category and ii) 7 percent of the vacancies shall be reserved for candidates belonging to the "Other Backward Classes Category B" category of the Other Backward Classes. A candidate who claims to be a member of either Other Backward Classes Category A or Other Backward Classes Category B category shall support his candidature by such certificate of identification to be issued by the competent authority.

Some Legislations on issuance of Legal Identity documents

The Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993

It was brought to the notice of the Government that candidates who seek employment in Government Departments, Public Sector Undertakings and such other organisations and candidates seeking admission into educational institutions, against the vacancies or the seats reserved for the Scheduled Castes, Scheduled Tribes and Backward Classes are producing false community certificates and securing employment or seats. Therefore, the benefits of special provisions made for the advancement of the Scheduled Castes, Scheduled Tribes and Backward Classes in the matter of public employment and educational opportunities are not reaching such Castes, Tribes and Classes. The act mentions that any person belonging SC, ST or OBC may in order to claim the benefit of any reservations either for any public appointment or for admission into any educational institution or access any other benefit under any special provisions or for the purpose of contesting for elective post, need to make application to the competent authority. The competent authority would satisfy itself about the genuineness or otherwise of the claim made therein and thereafter issue a Community Certificate or reject the application for reasons to be recorded in writing. A certificate in regard to community issued by any person, officer or authority other than the Competent Authority shall be invalid.

Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes – Issue of Community, Nativity and Date of Birth Certificate Rules, 1997

Under Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes – Issue of Community, Nativity and Date of Birth Certificate Rules, 199, every applicant/parent/guardian who belongs to a Scheduled Caste, Scheduled Tribe, Backward Class, desirous of declaring his social status as that of a Scheduled Caste, Scheduled Tribe or a Backward Class, shall submit an application in the prescribed Form I/II to the Competent Authority, well in advance i.e., six months, as far as possible particularly when seeking admission to the educational institutions or appointment to a post. The Competent Authority shall then verify the information/documents/evidence furnished by the applicant/parent/guardian in Form I/II. If the Competent Authority is satisfied with the correctness of the information/documents/evidence furnished by the applicant/parent/guardian, he shall issue the Community, Nativity and Date of Birth Certificates. If the Competent Authority feels that further enquiry is necessary, he shall then examine the school records, birth registration certificate, if any, and also examine the parent/guardian or applicant, in relation to his/her/their community. The Competent Authority shall have power to call for further information and/or collect such evidence/document and also conduct such enquiry, if deemed necessary.

The National Identification Authority of India Bill, 2010; The Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

The Unique Identification Bill was proposed to Parliament in 2010 by Planning ministry. The Bill seeks to establish the National Identification Authority of India (NIAI) to issue unique identification numbers (called ‘Aadhar’) to residents of India based on the residents’ biometric data. The Aadhar number along with the individual‘s biometrics will become a form of authentication in transactions. A resident can use his Aadhar number to identify himself anywhere in the country in order to access certain benefits and services. The Bill seeks to establish the National Identification Authority and lay down the properties of Aadhar, process of issuing the Aadhar and safeguards for protection of privacy of Aadhar number holders. Along with establishing the UID Authority, the Bill establishes enrolling agencies, registrars, and an Identity Review Committee to monitor the usage patterns of Aadhar numbers. Additionally, the Bill legalizes the creation of the Central Identities Data Repository – a centralized database that will contain both Aadhar numbers and the corresponding biometric information of enrolled residents. As per the Bill, all individuals who wish to obtain an Aadhar number must provide his/her demographic and biometric information. Individuals will not be required to provide information pertaining to their race, religion, case, tribe, ethnicity, language, income or health, but through regulation the Authority is enabled to specify demographic and biometric information for enrolment. The main issue in the bill was that it did not make it mandatory for an individual to enrol with the NIAI. However, it does not prevent any service provider from prescribing Aadhar as a mandatory requirement for availing services. The Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) bill, 2016 intends to provide for targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhar numbers. To verify the identity of a person receiving a subsidy or a service, the government may require them to have an Aadhar number. If a person does not have an Aadhar number, government will require them to apply for it, and in the meanwhile, provide an alternative means of identification. Any public or private entity can accept the Aadhar number as a proof of identity of the Aadhar number holder, for any purpose. However, Aadhar number cannot be a proof of citizenship or domicile.

The Registration of Births and Deaths Act, 1969

The act provides for the regulation of registration of births and deaths in India. The database of births and deaths is used by both for the census and for the National Indian Database. The Act creates the Registrar of India as the overseeing Authority in charge of implementing the provisions of the Act. Authorities under the Registrar General include the Chief General, the

District Registrar, and Registrars. As per section 8, information to the Registrar required to be entered in the forms prescribed by the State Government under sub-section (1) of section 16. - In case of birth or death in houses, the head of the house or, in case more than one household live in the house, the head of the household or in case the head of the house/household not present in the house at any time during the period within which the birth or death has to be reported, the nearest relative of the head present in the house or the oldest adult male person present therein should provide information of birth/death to the Registrar. - In respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf should provide information of birth/death to the Registrar. - In respect of births and deaths in a jail, the jailor in charge should provide information of birth/death to the Registrar. - in respect of births and deaths in a choultry, chatram, hostel, dharmasala, boardinghouse, lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof should provide information of birth/death to the Registrar. - In respect of any new-born child or dead body found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere should provide information of birth/death to the Registrar. Provided that any person who finds such child or dead body, or in whose charge such child or dead body may be placed, shall notify such fact to the headman or officer aforesaid

Section 13 talks about registration process for the delayed information of births and deaths. - Any birth or death of which information is given to the Registrar after the expiry of the period specified therefor, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. - Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. - Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a Presidency

Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. - The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action

The Registrar will give to the person registering a birth, a copy of the extract free of charge. Only the registrar, if satisfied that an entry in the register is incorrect or fraudulent, may correct, alter, or cancel entry. The Chief Registrar is responsible for compiling and standardizing the prescribed forms for registration. The Chief Registrar will be responsible for compiling and publishing the collected information in a statistical report. The Registrar may orally or in writing require any person to furnish information that is in connection with a birth or death. The individual is required to comply with such a request. Failure to do so results in a fine.

The Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (DNTs) (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000

The act provides for the regulation of the issuance and verification of the Caste Certificates to the persons belonging to the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category. As per the act, any person belonging to any of the Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit or for the purpose of contesting for elective post in any local authority or in the Co-operative Societies ; or for purchase or transfer of land from a tribal land-holder or any other purposes specified by the Government, shall apply to the Competent Authority for the issue of a Caste Certificate. The competent authority after satisfying itself about the genuineness of the claim and following the procedure as prescribed, issue a Caste Certificate to the applicant or reject the application for reasons to be recorded in writing. A Caste Certificate issued by any person, officer or authority other than the Competent Authority shall be invalid. The Caste Certificate issued by the Competent Authority shall be valid only subject to the verification and grant of validity certificate by the Scrutiny Committee constituted by Government for verification of Caste Certificates issued by the Competent Authorities in the area of jurisdiction of each of such Scrutiny Committee or Committees.

The Orphan Child (Provision of Social Security) Bill, 20167

Considering that there is no comprehensive legislation or policy that addresses the issues faced by orphan children in India and that lack of identity acts as barrier to access public services and benefits of Government schemes and entitlements, the Orphan Child (Provision of Social Security) Bill, seeks to provide for formulation of a comprehensive legislation

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covering the needs of orphans, in general, but focuses primarily upon the needs of the orphan children who are at high risk of abuse, exploitation and neglect. The bill says that The Central Government shall, in consultation with State Governments, conduct and publish the survey of orphan children after every ten years along with census to identify socio-economic status of orphan children, data on the cause and effect of becoming orphans and demographic profiles of orphan children and conduct performance appraisal of existing orphan children welfare schemes and programmes. The bill aimed at formulating National Policy for the welfare of orphan children. The Central Government shall, as soon as may be, by notification in the Official Gazette, constitute a Fund to be known as the Orphan Children Welfare Fund, with an initial corpus of rupees two thousand crores, to be provided by the Central Government to be utilised for rehabilitation and welfare of orphan children. The bill also envisaged establishment of Foster Care Homes by the Government to provide free of cost boarding and lodging and such other facilities to the orphan children.

Government Order: Inclusion of Orphan and Destitute Children in the list of BCs for the State of Telangana

The Backward Classes Welfare Department, Government of Telangana, in the G.O.Ms. No. 28 introduced inclusion of Orphan and Destitute Children in the list of BCs. issue of categorizing orphans and destitute children as a Backward Class. The Member Secretary, National Commission for Backward Classes (NCBC), GoI, New Delhi has requested Government of Telangana in Backward Classes Welfare Department to formulate an opinion and also requested to have view and suggestions on the process of identification of such orphans/destitute children and also the procedure for issuing such certificates to the really deserving cases so as to prevent misuse of such facility if it is given to such children. Telangana Government after careful examination of the matter, have decided “to classify ‘orphans and destitute children’ who satisfy all the three conditions mentioned below as Backward Class for extension of benefits and concessions normally admissible to Backward Classes: i) Who have lost both their parents before reaching the age of 10 and are destitute; ii) Who have nobody else to take care of them either by law or custom and iii) Who are admitted into any of the schools / orphanages run by the Government or recognised by the Government As per the GO, the orphans and destitute Children shall be conferred with the benefit of reservation as Backward Class `in appointments to public services and admissions into educational institutions under the State Government’. The orphans and destitute children shall be included in the list of Backward Classes for the State of Telangana under Group-A, at serial number 55, as was done by the Government of Tamil Nadu vide their GO Ms.No.534, Social Welfare & Nutritious Meal Programme Department, dated 06.11.1990.