Only 14 prisoners out of the the total 15,416 convicts and undertrials lodged in nine central prisons and sub-jails will be able to exercise their franchise two days ahead of Assembly polls in the State which will be held on April 6. Jail officials said most convict prisoners and undertrials are not eligible to cast their votes as per settled law. However, the accused who are detained under preventive detention laws will be given the right to vote after ascertaining their willingness.
"Most of them — convicts and under trials — do not have the right to vote as per the settled law. However, the detenues under preventive detention laws such as Goondas and National Securities Act are allowed to cast their votes through postal ballots. 1571 such detenues who fall under the category, may be eligible to cast their votes. Among them, only 14 have expressed willingness and submitted petitions seeking to do so. We have communicated this to the State government. After verifying their addresses and other eligibility details, the concerned returning officers will send them postal ballots. On April 4, the eligible prisoner will exercise their franchise at an enclosure in the respective prison and send ballot papers back to poll authorities as per procedure," said a senior officer of the Prison Department.
As per records of Prison Department, 368 detenues under preventive detention laws are lodged in Central Prison-II, Puzhal, 225 in Tiruchi, 201 in Vellore, 147 in Coimbatore, 178 in Madurai, 205 in Palayamkottai, 106 in Cuddalore, and 141 in Salem. Among them, detenues who are detained for the first time are eligible to cast their votes. Only five detenues in Central Prison, Coimbatore, seven in Cuddalore, one each in Palayamkottai and Puzhal are going to vote now.
As per sub-section (5) of section 62 of the Representation of People Act, any person who is confined in prison while serving a sentence of imprisonment on his conviction for any offence or is under lawful confinement in a prison or in a police custody for any reason is not entitled to vote in an election. Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law.
In 1997, The Supreme Court also rejected a plea for voting rights to prisoners citing resource crunch as permitting every person in prison to vote would require deployment of a much larger police force; a person who is in prison as a result of his own conduct cannot claim equal freedom.
Activists demand the voting rights should be given to all prisoners including convicts and undertrials given the changed situation.
Senior advocate Sudha Ramalingam said, "On the face of it, the reason given is that prisoners are incarcerated due to their criminal acts and so they are confined in prisons, depriving them of their fundamental rights to live anywhere they like, which includes the right to vote. But, the most basic premise of criminal jurisprudence is that one is deemed innocent unless found guilty, those undergoing preventive detention and under trial prisoners ought not to be treated on par with convicts. The United Nations has said that prisoners should be given the right to vote. A number of countries have allowed it. Our Supreme Court and the High Courts have upheld section 62(5) of the Representation of People’s Act which deprives prisoners the right to vote. I feel adult franchises should be universal and not deprived to anyone except if they are mentally incapable of exercising their choice. It is sad that the courts are unwilling to even exempt or relax the provision to at least those under preventive detention and let undertrial prisoners vote."
P.Pugalendhi, advocate and director of Prisoners' Rights Forum said European countries, Pakistan, Iran, Israel and African countries ensure the right of voting for prisoners. “We should also give voting rights to the prisoners here at least in the near future."
