Voting Rights for Prisoners

Why in news?

The Supreme Court (SC) of India sought responses from the Union government and the Election Commission of India on a petition challenging the blanket disqualification of prisoners, from exercising their right to vote.

• Case Background – The SC is addressing a plea that challenges the voting rights of undertrial prisoners, people who are accused of crimes but not yet convicted.
• Legal Considerations – The plea argues that denying voting rights to undertrials is unconstitutional and violates their fundamental rights.
• Excluded offences – Even if persons imprisoned for corrupt practices or electoral offences are excluded, a large number of undertrials and pre-trial detainees continue to be unjustly deprived of their franchise.

No restriction of voting rights for undertrials exists under the Indian Penal Code, now replaced by the Bharatiya Nyaya Sanhita.

• A blanket ban violates the universally-recognized principle of presumption of innocence.

Provisions related to Prisoners’ right to cast their vote

• Section 62(5) of the RPA, 1951 – Disqualifies any person from voting while confined in prison, whether under a sentence of imprisonment, transportation, or lawful police custody.
• However, it did not bar a person under preventive detention to vote.
• Section 16(1)(c) of RPA, 1950 – Provides for disqualification only on two grounds - conviction for corrupt practices or electoral offences.
• Disqualification may also arise from non-residence or unsoundness of mind.

Important court rulings

• Anukul Chandra Pradhan v. Union of India, 1997 –
  • The Supreme Court has upheld the ban on voting for prisoners, ruling that the right to vote was merely a statutory, not a fundamental, right.
• Anoop Baranwal v. Union of India, 2023 –
  • The Supreme Court recognized the right to vote as a fundamental right under Part III of the Constitution.
  • Also, recommended the formation of a high-powered committee to appoint the Chief Election Commissioner and Election Commissioners.

Reference

The Hindu | SC seeks Centre, EC response on voting bar on undertrials