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Right For Prisoners To Vote

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13 views

Right For Prisoners To Vote

Uploaded by

y21190550
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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"Unlocking Democracy: Empowering Prisoners' Voting Rights in

India"
Good afternoon everyone. Today, I'm here to explore a topic that lies at the heart
of our society and confront a critical question that lies at the intersection of democracy, human
rights, and social justice i.e "Unlocking Democracy: Empowering Prisoners' Voting Rights in India".

Throughout history, movements for social change have been driven by the tireless efforts of
individuals who dared to challenge the norms and fight for justice. Today, we follow in their footsteps
as we embark on a journey to unlock democracy and empower prisoners through the recognition of
their inherent right to participate in the electoral process

As we navigate through the intricacies of this topic we encountere not only with legal consideration
but also profound moral and ethical dilemmas.

In a democracy, the right to vote is often regarded as the cornerstone of citizenship, a fundamental
expression of one's voice in shaping the future of society. Some people are arrested and sent to
prison without fair trial and without the due procedure of law being followed. Despite not being
proven guilty, these individuals lose their right to vote. presumption of innocence is a legal principle
that every person accused of any crime is considered innocent until proven guilty.

It will further meaning that the right to vote granted to them by virtue of law has been infringed on
the sole basis that they have been accused of an offence. This seems unfair because everyone should
have the chance to actively participate in the general functioning of the country.

In the context of india a nation that is proud of its democratic ideals and commitment to justice, the
exclusion of prisoners from the electoral process raises profound questions about the inclusivity and
integrity of our democracy.

Hence, in india the prisoners are deprived from this basic right i.e. right to vote.

The right to vote is a constitutional right under Article 326 of the indian Constitution. Under Section
62(5) of the Representation of the People Act, 1951, individuals in the lawful custody of the police
and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are
also excluded from participating in elections even if their names are on the electoral rolls. In india,
several PILs has been filed which argues against the blanket ban on under trial prisoners from voting.

In 1975, the Supreme Court in the case of Indira Gandhi v Raj Narain recognised that free and fair
elections are a part of the ‘basic structure’ of the Constitution of India, and any laws or policies that
would violate this principle could be struck down.

For instance, while someone out on bail can still cast their vote, an undertrial, who hasn't been
proven guilty, is barred from doing so. This discrepancy becomes even more apparent when
compared to other countries like South Africa, the United Kingdom, France, Germany, Greece,
Canada, etc., - Notably, in the landmark case of Hirst v. United Kingdom, the European Court of
Human Rights held that the UK's blanket ban on prisoner voting constituted a violation of human
rights under the European Convention on Human Rights.

where there are clear guidelines based on the nature of the offense or the duration of the sentence.
In india, the aforementioned provision contradicts with article 14 , article 19 (1) (a), and article 21.

In international arena , the provisions that deny voting rights to under-trial prisoners violates
international human rights instruments, such as the Universal Declaration of Human Rights (UDHR)
and the International Covenant on Civil and Political Rights (ICCPR). These instruments emphasize the
right to participate in government and the presumption of innocence until proven guilty.

Hencefore, from the above mentioned facts and data, I would like to conclude that it is clearly
violating fundamental rights, leads to arbitrary discrimination, and the basic principles of democracy
and individual dignity.

So,being a law student let us embark on this journey together, guided by the principles of
compassion, empathy, and justice. We should raise our voices in solidarity with those who have been
silenced, and strive to build a democracy that is truly inclusive, representative, and just.

So, that’s all from my side…Thank you for your attention and engagement in discussing this crucial
issue.

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