One of the debatable topic of today’s is, should prisoners have Right to Vote? And what is scenario in India. Firstly, what is Right to Vote and how is it different from other rights? Before knowing the meaning of right to vote it is important to understand what the word vote means. Vote basically means a choice made by a particular person or group in meeting or an election. Article 326 of the Indian Constitution provides that the elections to the House of the People and to the Legislative Assembly of every state shall be on the basis of adult suffrage that is a person should above the age of 18 years. The right to vote is linked to many other rights. The right to vote is a legal right. Voting is something for which the citizens must fight or argue for it, it is not simply a privilege by government unlike other rights.
Prisoners should be granted Right to Vote because it is very crucial for our country or we can say that for every democratic country. In democratic country each and every vote has its own value. Right to vote is the backbone of any democracy. Vote is like “Brahmastra” for citizen of the countries and it is the thing which makes any country democratic. If we deny this basic right our democracy will not function properly. It may face various consequences. In order to ensure the smooth functioning of democracy the voice of prisoners is also important. According to a survey there are around 400,000 prisoners housed across Indian jails. What about their choice of government?
There are various argument against allowing the prisoners right to vote. The first one is that when one has already breach the right of another person than how can s/he can use his right properly. To answer this argument let me ask few question which answer this. What about the prisoners who are imprisoned because of minor crimes? What about them who are just imprisoned as they do the act which is prohibited by law but not wrong in itself for? Example- seller of Marijuana is not the crime equal to killing someone. If acts are not equal then why should punishment be equal? We keep the prisoners away from casting their vote although they have the right. Our Constitution grants the rights to vote for the prisoners who are on bail but not to those are still confined because of some minor act, here the question is why? Is this is the reason that they do not have enough money and resources to get bail?
There are many cases for Prisoners right to vote. One of them was Anukul Chandra Pradhan v. U.O.I 1997 in this case the petitioner argues that the decision is as per incursion as the decision did not take into account the fact that right to vote is a constitutional right as per article 326, he further argues that similar provisions curtailing prisoners right to vote have been struck down by Supreme Court of Canada and South Africa. Further S.C upheld that validity of the provisions of section 62(5) of the Representation of people act 1951 on two grounds: firstly that article 14 does not affect it and secondly the right to vote is subjected to the limitations imposed by the State which can be exercised only in the manner provided by the statue prescribing the nature of the rights to elect cannot be made with the reference to fundamental rights in the constitution.
Abraham Lincoln one of the biggest supporters of Democracy gave the most used definition of democracy. He defined democracy as “Government of the people, for the people, by the people.” In today’s atmosphere where politics is everywhere this right to vote become more important for democracy than ever.
Finally, prisoners voice matter. In order for the advancement of our criminal justice system prisoners’ voice is very important. It is not possible to understand the prisoners problem unless they tell about them. If prisoners did not take part in decision making then when they were acquitted, rehabilitation and reintegration is very difficult for them. Many of them may face difficulties and feel inferior to others member of society. Prisoners should have the right to vote because this right is basic fundamental right and also have the principles of right to equality and justice within it. One can contest election from jail, then why not one can vote? This is one of the major question for which we should find an answer. As we have already said that not all crimes are same injurious and that’s why some specific prisoners might not get the right, including voting right but the other prisoners must get it. “Let’s people’s votes decide their government; not government decide their votes”. If European Countries give their prisoners Right to vote then why not our country. We should have to think about this matter. Election commission and Law ministry should think about their right so that,” no voter is left behind”. In the words of PEGGY NOONAN:
“Our political leaders will know our priorities only if we tell them, again and again, and if those priorities begin to show up in the polls”