Voting Rights Of Undertrials: SC Seeks Centre’s & EC Response

New Delhi: The Supreme Court on Friday sought responses from the Center and the Election Commission of India (ECI) on a PIL seeking recognition of voting rights for nearly 4.5 lakh undertrial prisoners lodged in jails across India.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran took note of the submissions of lawyer Prashant Bhushan that the present blanket ban imposed under Section 62(5) of the Representation of the People Act, 1951, violates constitutional guarantees and international democratic norms.

The petition filed by Sunita Sharma, a resident of Patiala in Punjab, urged the Supreme Court to issue appropriate directions or guidelines to the ECI for setting up polling stations within prisons to facilitate voting by local electors and to make provision for postal ballots for prisoners lodged outside their home constituencies or states.

The petitioner highlighted the fact that if convicted individuals could contest and represent lakhs of voters, why shouldn't a person who is not even declared guilty shouldn’t be denied the right to vote? Around 75% of India’s prison population comprises undertrial detainees. The plea also clarifies that the proposed facility would exclude only those prisoners who have not been convicted of electoral offenses or corruption, and are not arbitrarily deprived of their democratic right to vote.