The Supreme Court has issued notices to the central government and the Election Commission of India, seeking their response on a petition advocating voting rights for undertrial prisoners.
The bench, comprising Chief Justice BR Gavai and Justice K Vinod Chandran, highlighted that the matter concerns constitutional rights and democratic values, and requested detailed explanations from the government.
The petition, filed by Sunita Sharma and represented by senior advocate Prashant Bhushan, pertains to approximately 4.5 lakh prisoners held across 1,330 jails in India.
Of these, around 75 per cent are undertrial prisoners awaiting trial and remain unconvicted. Prolonged legal proceedings have kept many incarcerated for years.
Bhushan emphasised during the hearing that denying voting rights to undertrial prisoners infringes upon their democratic rights. The petition argues that such a ban is inconsistent with global practices, where several countries, including neighbouring Pakistan, allow pre-trial prisoners to vote.
Constitutional and Legal Basis
The petition challenges Section 62(5) of the Representation of the People Act, 1951, which currently bars undertrial prisoners from participating in elections.
It references the Supreme Court’s 2023 ruling recognising voting as a constitutional right, asserting that Article 326 guarantees every adult citizen the right to vote.
Bhushan argued that India, as a democratic nation, must ensure that all citizens, including those who have not been convicted, enjoy equal rights.
The petition calls for the court to safeguard the voting rights of individuals merely awaiting the outcome of their trials.
The plea stresses that depriving undertrial prisoners of voting rights violates fundamental democratic principles. It notes that international norms do not impose blanket restrictions on pre-trial prisoners, highlighting the need for India to align with democratic standards.
The Supreme Court will now await responses from the Centre and the Election Commission before deciding on the matter, which could potentially extend voting rights to hundreds of thousands of undertrial prisoners across the country.
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