Right to vote is neither a fundamental right nor a constitutional right, but a Statutory right. This being in light of the recent Supreme Court decision regarding the criminalisation of Politics wherein People with criminal background cannot contest in Elections extending it to people in judicial custody, police confinement or under trials cannot vote. There has been a significant debate on the constitutional jurisprudence on the nature of right to vote. Since it is a statutory vote, the legislature can determine the terms on which right to vote is enjoyed by the people.Voting rights for prisoners have been the most repressive in our country with termination of rights not just of individuals convicted of crime and serving a sentence but also to under trials and even those in police custody. SC holds the view of denying Voting rights reasonable because the individual is in prison because of his own conduct and therefore he is denied of the liberty during his period of confinement. SC adds there would be additional resources required in terms of security,infrastructure, police forces and there would be criminalisation of Politics if these individuals vote.
This is in complete violation of right to equality under Article 14 and 21 of the constitution. To stop criminalisation we need to stop people with criminal backgrounds from contesting elections. Every individual whether convicted or not should have equal rights. Voting rights implies citizenship,by denying it negates citizenship. Being the citizens of this country, they should be able to exercise their right and influence the electoral process. Under-trials and police custody denied to vote can be played well by parties to get results in their favor. What about the principle- a person is innocent until proven guilty? How can we apply the same rules to a person who is convicted and a person who is in police custody or under trial? Individuals are sent to prison for reformation, by refusing such individuals rights we are alienating them and treating them as outcasts.Let us not forget that the majority of people in prisons are from marginalized society and poor. By terminating such basic rights we are also denying there hope for a life after, with rehabilitation and resettlement. SC coming with reasons of resource crunch is saddening. Constitutional protection of civil liberties cannot be held hostage to considerations of practicality.
This is in complete violation of right to equality under Article 14 and 21 of the constitution. To stop criminalisation we need to stop people with criminal backgrounds from contesting elections. Every individual whether convicted or not should have equal rights. Voting rights implies citizenship,by denying it negates citizenship. Being the citizens of this country, they should be able to exercise their right and influence the electoral process. Under-trials and police custody denied to vote can be played well by parties to get results in their favor. What about the principle- a person is innocent until proven guilty? How can we apply the same rules to a person who is convicted and a person who is in police custody or under trial? Individuals are sent to prison for reformation, by refusing such individuals rights we are alienating them and treating them as outcasts.Let us not forget that the majority of people in prisons are from marginalized society and poor. By terminating such basic rights we are also denying there hope for a life after, with rehabilitation and resettlement. SC coming with reasons of resource crunch is saddening. Constitutional protection of civil liberties cannot be held hostage to considerations of practicality.
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