The Supreme Court has issued notices to the Centre and Election Commission on a petition seeking voting rights for undertrial prisoners, challenging Section 62(5) of the Representation of the People Act, 1951.
The plea proposes polling stations inside jails or postal ballots for undertrials, excluding those convicted of corruption or electoral offences, affecting around 4.5 lakh prisoners nationwide.
Advocates argue the law violates fundamental rights and international norms, while the government has indicated no plans to amend it; the PIL seeks to address the fairness of disenfranchising undertrials.
SC Seeks Centre, EC Response On Plea To Grant Voting Rights To Undertrials
Currently, around 4.5 lakh undertrial prisoners are estimated to be denied the right to vote under the existing law.
Summary
The Supreme Court on Friday issued notices to the Centre and the Election Commission of India on a petition seeking to restore voting rights for undertrial prisoners.
A bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran heard the plea filed by Sunita Sharma, who argued that Section 62(5) of the Representation of the People Act, 1951 — which bars all incarcerated individuals from voting — violates fundamental rights and the principles of democracy.
The petitioner urged the court to allow polling facilities inside jails or postal ballots for undertrials lodged outside their constituencies while excluding those convicted of corruption or electoral offences.
Approximately 4.5 lakh undertrial prisoners across India are affected by this law, which has long been upheld by the Supreme Court in cases like Anukul Chandra Pradhan vs Union of India (1997).
Advocates for reform also cite international norms, noting that many democracies limit disenfranchisement to convicted individuals rather than undertrials. The government has indicated no plans to amend the law, citing precedent, but the current PIL seeks to challenge the fairness of disenfranchising a large segment of India’s pre-trial population.
Published At:
Tags