Voting Rights for Prisoners: Supreme Court to Re-examine Section 62(5) of RPA
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The Supreme Court is scrutinizing the constitutional validity of Section 62(5) of the Representation of the People Act, 1951, which prohibits prisoners from voting. The challenge highlights potential violations of the right to equality and the democratic principle of universal adult suffrage.
The Supreme Court of India has agreed to examine a petition challenging Section 62(5) of the Representation of the People Act (RPA), 1951, which imposes a blanket ban on prisoners exercising their right to vote. This provision stipulates that no person shall vote in any election if they are confined in a prison—whether under a sentence of imprisonment or in the lawful custody of the police. The only exception provided is for those under preventive detention.
The petition argues that the current law is discriminatory and violates Article 14 of the Constitution. A primary point of contention is the lack of distinction between a convicted prisoner and an under-trial. Under the current framework, an individual out on bail can cast their vote, while an under-trial prisoner—who is legally presumed innocent until proven guilty—is denied this fundamental democratic right simply because they are in judicial custody. Furthermore, the ban does not differentiate based on the nature of the crime, treating those accused of minor infractions the same as those convicted of heinous offenses.
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