Essay on Is it okay for prisoners to vote (as they are in some states)?

Essay – Is it okay for prisoners to vote (as they are in some states)?

Is it okay for prisoners to vote (as they are in some states)? Essay: The Indian constitution grants a variety of rights to its citizens as the Fundamental Rights encoded in part III of the constitution are fundamental rights for example the Right to life and Right to speech are guaranteed rights, other rights encoded in Article 311 allow citizens to move the High courts of India to solve disputes, and include the property right.

Is it okay for prisoners to vote (as they are in some states) essay writing

The right of prisoners to vote is included in the statutory rights. The statutory rights of the Indian Constitution vest the parliament to pass laws that are concerned with administering the civilians of India. These rights differ from fundamental rights or other rights as they originate from statutes for example Right to deduction under the Income Tax Act.

Discussion

The Right to Vote is categorized as a statutory right created under Section 62  of the Representation Of People (RP Act). As such the rights of prisoners to vote are restricted by the legislation laid down by the parliament. The Election Commission of India on 5 August 2019 passed a notification to Delhi High Court that prisoners have to be deprived of their voting rights. The Election Commission denied the petition filed by three law students seeking the court’s permission for prisoners’ right to vote in 2019.  The EC referred to the precedence of the 1997 judgment of the Supreme court where subsection(5) of section 62 of the act restricted any individual imprisoned from voting.

Opponents of the statutory law have argued that the prevention or deprivation of individuals of their voting rights is against the principal concept of democracy and the fundamental right of electing one’s representative. Preventing an imprisoned individual from voting is not a justifiable means of punishment. Individuals deprived of votes are further rendered as illogical or illegitimate as convicted individuals released on bail are granted the right to vote. A person who has been identified as a judgment debtor i.e. a person who has faltered to pay dues despite a court verdict is deprived of voting rights. Imprisonment in civil prisons and in for criminal imprisonment are different. In contradiction, persons held under custody in the form of preventive detention are allowed to vote. The absence of any proper provision in classifying imprisoned individuals is a hindrance to their right to vote as it is an exploitation of their fundamental rights.

Conclusion

To conclude, the Indian constitution grants the fundamental right to vote and participate in Universal Adult Franchise. However, the fundamental right though guaranteed and protected against its violation has several exceptions in terms of the right being valid for those who are confined in prisons. The lack of proper classification into imprisonment due to criminal activities and civil imprisonment makes matters complicated and the subject of debate. India lacks precedence in allowing individuals under trial and convicted. The only exception of individuals held under custody is permitted to vote. A few modifications regarding the classification of inmates with the right to vote are plausible.

FAQs related to Is it okay for prisoners to vote (as they are in some states)?

Q1. What are the varieties of rights granted by the Indian Constitution?

Ans: The Indian constitution grants a variety of rights to its citizens as the Fundamental Rights encoded in part III of the constitution are fundamental rights for example the Right to life and Right to speech are guaranteed rights, other rights encoded in Article 311 allow citizens to move the High courts of India to solve disputes, and include the property right.

The right of prisoners to vote is included in the statutory rights.

Q2.  Which kind of rights prevents prisoners from voting?

The right of prisoners to vote is included in the statutory rights. The statutory rights of the Indian Constitution vest the parliament to pass laws that are concerned with administering the civilians of India.

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Updated: December 21, 2022 — 1:59 pm

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