The Indian Supreme Court is set to review a petition challenging the election law provision that denies voting rights to undertrial prisoners, convicts in jails, and those held in civil prisons. The court’s landmark decision could significantly impact India’s democracy and legal system.
National Crime Report Bureau’s 2021 Statistics
According to the latest National Crime Reports Bureau (NCRB) report, as of December 31, 2021, over half a million (5,54,034) prisoners remain confined across the nation’s various prisons. This figure includes 1,22,852 convicts, 4,27,165 undertrial inmates, and 3,470 detainees, accounting for 22.2%, 77.1%, and 0.6% of the prison populace respectively. Furthermore, there has been a notable increase of 14.9% in undertrial prisoners from 2020 to 2021.
Impact on Democracy and Laws
Denying voting rights to inmates has broader implications for democracy and law enforcement. It risks sending messages that undermine respect for the law and democratic values.
Unequal Rights and Legal Inconsistencies
The current system raises questions about inequality among different types of prisoners. For instance, a convicted person out on bail can vote, while an undertrial not yet convicted of a crime cannot. Moreover, a debtor who has been arrested and detained in a civil prison is also deprived of their voting rights. The ban lacks reasonable classification based on the nature of the crime or duration of the sentence imposed, unlike many other countries. Consequently, this situation is fundamentally inconsistent with Article 14 of the Indian constitution, which upholds the right to equality.
Understanding the Voting Provisions for Prisoners in India
Article 326 of the Indian Constitution grants citizens the constitutional right to vote. However, Section 62(5) of the Representation of the People Act, 1951 restricts this right. It prohibits individuals in lawful police custody or serving prison sentences after a conviction from voting. Undertrial prisoners are also excluded, even if they are registered on electoral rolls. Only those under preventive detention can cast their vote, and they must do so through postal ballots.
Parole Rights in India
Parole is viewed as a privilege for prisoners who show potential for societal reintegration. While some laws grant prisoners a guaranteed parole hearing, parole is not guaranteed. Authorities have the discretion to deny parole if they assess the prisoner as dangerous. The system of parole is governed by the rules made under the Prison Act, 1894 and Prison Act, 1900. Many State governments have specific guidelines to facilitate decision-making, such as the Rajasthan Prisoners Release on Parole Rules, 1958.
