Voting From Prisons
Denial of voting rights to prisoners is an unreasonable restriction.
On 19th March, the Delhi High Court issued notice to the Election Commission of India (ECI) in a PIL pertaining to the denial of voting rights to prisoners – both under-trials and convicts. Primarily, averments have been made by the petitioners on the grounds that Section 62(5) of the Representation of Peoples Act, 1951 (RP Act) is violative of Article 14, 19 and 21 in so far as it prevents a prisoner from exercising his right to expression (voting being a medium of expression as per the Apex Court in PUCL & ors. v. UOI (PUCL 2013)) and that it discriminates between those incarcerated and those out on bail or in preventive detention.