- As voting for the 18th Lok Sabha is underway, over four lakh undertrials held in different prisons across the country have been barred from exercising their franchise due to a sweeping ban under the law.
- Legal experts believe that if certain categories of prisoners can contest elections, undertrials languishing in jails should be given the right to cast their vote.
- Section 62(5) of the Representation of the People Act, 1951 says no person can vote in any election if confined in prison whether as a convict or an undertrial.
- Even convicts serving sentences under two years can contest elections from prison.
- While undertrials are deprived of many rights, the right to vote is largely denied because of the Election Commission of India’s administrative convenience.
- It lacks reasonable classification based on the nature of the crime or duration of the sentence.
Dig Deeper: Read the criteria for disqualification of a Member of Parliament in the Representation of the People Act 1951.
