Dignity in Prisoners’ Right to Vote

  • Vaanya Sangwan
  • Show Author Details
  • Vaanya Sangwan

    Student at BML Munjal University, India

  • img Download Full Paper

Abstract

This research paper examines India's legislative framework on prisoners' voting rights and its relevance to human dignity. As a democratic country, India's argument over the right to vote has been ongoing. Article 326 of the Indian Constitution allows for adult suffrage, which means that everybody over the age of 18 in India has the right to vote, subject to the statute's limitations. When it comes to a prisoner's right to vote, however, India has enforced an absolute blanket ban under Section 62(5) of the Representative of the People Act, 1951. By establishing this provision, India chose criminal disfranchisement, and Supreme Court judgments have consolidated this criminal disfranchisement. In this article, we will examine a few international laws and institutions. This research paper will also discuss the necessity for reform in India's legislative policy as well as how denying a prisoner's ability to vote is an infringement on their dignity.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 184 - 190

DOI: https://doij.org/10.10000/IJLMH.116686

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021