The Delhi High Court has today issued notice in a plea seeking voting rights for prisoners across India..To secure this right, the Petitioner prays for quashing of Section 62(5) of Representation of the People Act, 1951 which bars persons confined in a prison or in the lawful custody of the police, from casting his/her vote in any election..The matter was listed for hearing before a Division Bench of Chief Justice Rajendra Menon and V Kameswar Rao. The Bench has issued notice to the Central Government, Election Commission of India, and Director General Prisons, Tihar..The public interest litigation was filed by three students of Galgotias University, Greater Noida – Praveen Kumar Chaudhary, Atul Kumar Dubey and Prerna Singh..It is the Petitioner’s stance that Section 62(5) of the Act is violative of Articles 14, 19(1) (a) and 21 of Constitution of India as it is arbitrary, unreasonable and unfair..“… any denial of prisoners voting right is inequity and inequality or discrimination invites the wrath of the Constitution. Such a thought is abominable, for it slaughters their core identity of their nationhood. The petitioners are concerned about the ordeal and denial of prisoners to vote in upcoming general election in 2019.”.Universal adult franchise is important for nationhood and democracy and the vote of each and every citizen is a badge of dignity and personhood, the Petition further states..Reference is also made to Chapter 43 of Reference Handbook on the General Elections, 2014 to state that excluding undertrial prisoners and persons confined in prison from voting even if their names are on electoral rolls, violates constitutional ideals..It is further contended that denying prisoners from exercising their right to vote, eliminate them from participating in the fundamental democratic process and thus causes their “civic death”..The petitioners, therefore, pray that no person how so ever confined in prison should be deprived of their human rights to choose their representative in any election..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
The Delhi High Court has today issued notice in a plea seeking voting rights for prisoners across India..To secure this right, the Petitioner prays for quashing of Section 62(5) of Representation of the People Act, 1951 which bars persons confined in a prison or in the lawful custody of the police, from casting his/her vote in any election..The matter was listed for hearing before a Division Bench of Chief Justice Rajendra Menon and V Kameswar Rao. The Bench has issued notice to the Central Government, Election Commission of India, and Director General Prisons, Tihar..The public interest litigation was filed by three students of Galgotias University, Greater Noida – Praveen Kumar Chaudhary, Atul Kumar Dubey and Prerna Singh..It is the Petitioner’s stance that Section 62(5) of the Act is violative of Articles 14, 19(1) (a) and 21 of Constitution of India as it is arbitrary, unreasonable and unfair..“… any denial of prisoners voting right is inequity and inequality or discrimination invites the wrath of the Constitution. Such a thought is abominable, for it slaughters their core identity of their nationhood. The petitioners are concerned about the ordeal and denial of prisoners to vote in upcoming general election in 2019.”.Universal adult franchise is important for nationhood and democracy and the vote of each and every citizen is a badge of dignity and personhood, the Petition further states..Reference is also made to Chapter 43 of Reference Handbook on the General Elections, 2014 to state that excluding undertrial prisoners and persons confined in prison from voting even if their names are on electoral rolls, violates constitutional ideals..It is further contended that denying prisoners from exercising their right to vote, eliminate them from participating in the fundamental democratic process and thus causes their “civic death”..The petitioners, therefore, pray that no person how so ever confined in prison should be deprived of their human rights to choose their representative in any election..Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
