Shivanshi Panwar & Shivanshi Gupta, Banaras Hindu University
ABSTRACT
Right to vote is a human right which is guaranteed to everyone equally in order to give them a say in choosing their candidate, who represents their ideologies. It is recognised both on national as well as international level. In India, adult franchise is guaranteed by Article 326 of the Indian Constitution. However, this right is not absolute and has been restricted by section 62(5), Representation of People Act, 1951. According to this section, prisoners are debarred from casting their votes. This exclusion is popularly known as ‘Prisoner Disenfranchisement.’ The constitutionality of Section 62(5) was challenged in the case of Anukul Chandra Pradhan v. Union of India on the ground of it being discriminatory in nature. The court, however, upheld its constitutionality citing various reasons which call for such exclusion. This paper critically analyses the aforesaid judgement and brings into focus as to how the denial of right to vote to a particular class of people is not only against the fundamentals of human rights but also shakes the core of the ideals of the Indian Constitution. Further, this paper provides certain suggestions which would make the exercise of voting inclusive of prisoners as well without disturbing the peace of the society.
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