(Source – The Hindu, Section – News, Page – 4)
Topic: GS2 – Indian Polity |
Context |
● The ongoing Lok Sabha elections in India have raised concerns over the voting rights of over 400,000 undertrials in prisons. ● Legal experts question the fairness of barring undertrials from voting while allowing some prisoners to contest elections from jail. |
Analysis of the news:
- Over 400,000 undertrials in Indian prisons cannot vote due to a law barring prisoners from voting, regardless of their status.
- However, some prisoners, like Amritpal Singh and Engineer Rashid, are running for election from jail, highlighting inconsistencies in the law.
- Legal experts argue that if prisoners can run for office, undertrials should have the right to vote.
- Section 62(5) of the Representation of the People Act prohibits voting for anyone confined in prison, convict or undertrial.
- Critics point out that this blanket ban lacks reasonable classification based on the crime or sentence duration.
- Security concerns are cited as the reason for the ban, especially in prisons with a mix of inmates, including high-risk individuals.
- Both allowing undertrials to vote outside and setting up polling booths in prisons are seen as potential security threats.
Voting rights in India |
Voting rights in India ● Indian citizens aged 18 and above who are registered voters are eligible to vote. ● No citizen can be detained or prevented from voting unless they are disqualified. ● Each voter is entitled to cast one vote only in the constituency where they are registered. ● Eligible voters must register in their respective constituencies and obtain EPIC cards. ● Participation in the electoral process requires registration in the electoral roll. ● Citizens can vote in national, state, district, and local government body elections with a valid voter ID. Who is not allowed to vote in India? ● Every individual registered in the electoral roll of a constituency is entitled to vote in that constituency according to the Representation of the People Act. ● Disqualifications listed in Section 16 of the Representation of the People Act, 1950, prevent certain individuals from voting. ● Voting in more than one constituency of the same class during a general election is prohibited, and votes in such cases are deemed void. ● Voting multiple times in the same constituency, even if the person’s name is registered more than once, is not allowed, and all such votes are void. ● Section 62(5) of the Representation of the People Act prohibits voting by individuals confined in prison, whether serving a sentence or in police custody, with exceptions for those under preventive detention. ● However, the prohibition on voting does not nullify an individual’s status as an elector if their name is listed in the electoral roll. ● Proxy voting is allowed under certain circumstances, exempting proxies from the restrictions outlined in subsections (3) and (4) regarding voting in multiple constituencies or multiple times in the same constituency. |
Practice Question: Discuss the ethical and legal implications of denying voting rights to undertrials in Indian prisons, juxtaposed with the allowance of some prisoners to contest elections from jail. (150 Words /10 marks) |