Prelims: Current events of national and international importance | Polity & Governance
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.
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Status of Prisoners
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- Prison Statistics India, 2023 – Published by NCRB, 73.5% of all prisoners are undertrials, 3.9 lakh out of 5.3 lakh prisoners.
- National Crime Records Bureau (NCRB), 2022 – About 77% of India’s prison population comprises undertrials, while the conviction rate for total IPC offences stands at only 8.55%.
- High acquittal rates – The petition notes that 80–90% of undertrials are eventually acquitted, yet are denied their democratic right to vote while in prison.
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Reference
The Hindu | SC seeks Centre, EC response on voting bar on undertrials
