In a significant development for civil liberties, the Supreme Court has sought responses from the central government and the Election Commission regarding a petition that questions the blanket prohibition on voting rights for prisoners who are awaiting trial or haven’t been convicted. This legal challenge, initiated by lawyer Sunita Sharma, argues for a more nuanced approach, suggesting that voting bans should only apply to individuals convicted of specific offenses or based on the duration of their sentence.
The bench, headed by Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran, heard arguments that highlighted the plight of approximately 4.5 lakh undertrial prisoners who are currently disenfranchised. The petition points out that the Representation of the People Act, 1951, as it stands, inadvertently bars all incarcerated individuals, regardless of their conviction status, from exercising their right to vote.
Advocate Prashant Bhushan, representing the petitioner, emphasized that the current law might be misinterpreting the intent of the Representation of the People Act, 1950, which outlines disqualifications based on specific grounds like corrupt practices or electoral offenses, not simply imprisonment. The petition also proposed practical solutions, such as establishing polling stations within prisons for local inmates and providing postal ballots for those who are registered in different constituencies or states.
The plea also raised concerns about the consistency of this ban, noting that undertrials and even convicted individuals are legally permitted to contest elections. This raises the question of why ordinary citizens awaiting trial, who are presumed innocent until proven guilty, are denied the fundamental right to vote. The petition cited global practices where such blanket bans are uncommon, with voting rights typically restricted through individual judicial decisions, final convictions for serious offenses, or as part of a judicial sentence.
Furthermore, the petition highlighted that a substantial majority, around 77%, of India’s prison population consists of undertrials. Given the low conviction rates in many cases (as indicated by National Crime Records Bureau data showing an 8.55% conviction rate for reported IPC offenses in 2022), the current blanket ban disproportionately affects individuals who may ultimately be found innocent. The court has scheduled the next hearing for this important matter in four weeks.