Supreme Court Seeks Centre’s Response on Plea for Right to Vote for Undertrial Prisoners
PIL Challenges Blanket Ban as Arbitrary, Argues It Violates Presumption of Innocence and Democratic Rights
The Supreme Court has sought responses from the Central government and the Election Commission of India (ECI) on a PIL filed by lawyer Sunita Sharma, challenging the denial of voting rights to undertrial prisoners in India. The Bench, led by Chief Justice BR Gavai and Justice Vinod Chandran, issued notice in a matter questioning the constitutionality of Section 62(5) of the Representation of People Act, 1951.
The petition asserts that nearly 75% of India’s prisoners are undertrial, many of whom are eventually acquitted but remain deprived of the right to vote for years. It points out that while convicted individuals are permitted to contest elections, undertrial prisoners—presumed innocent—are barred from voting, undermining democratic principles and public trust.
Sharma argues that voting facilities should be extended to incarcerated electors through polling stations in jails or postal ballots, highlighting that the Supreme Court’s stance on voting rights has evolved, now considering it a fundamental right under the Constitution. The plea urges the Court to fill the legislative gap by laying down specific conditions for denying voting rights to prisoners only under judicial scrutiny.
The petition has been filed through Advocate Prashant Bhushan and awaits further response and consideration.