The Supreme Court on Friday issued notices to the Union government and the Election Commission of India on a public interest litigation (PIL) that challenges the denial of voting rights to nearly 4.5 lakh undertrial prisoners lodged in jails across the country.
A bench of Chief Justice B R Gavai and Justice K Vinod Chandran took note of the submissions made by advocate Prashant Bhushan, appearing for the petitioner, that the blanket ban under Section 62(5) of the Representation of the People Act, 1951 violates fundamental constitutional guarantees and runs contrary to international democratic standards.
The PIL has been filed by Sunita Sharma, a resident of Patiala, Punjab. The Ministry of Law and Justice and the Election Commission of India have been named as respondents in the case.
The petition argues that undertrial prisoners — who have not been convicted of any electoral offences or corruption — should not be arbitrarily deprived of their democratic right to vote. It seeks judicial intervention to ensure that their voting rights are recognised and protected.
Section 62(5) of the 1951 Act bars every person confined in prison, whether under a sentence of imprisonment or otherwise, from voting in elections. The petitioner contends that this provision disproportionately affects undertrials who, unlike convicts, are presumed innocent until proven guilty.
The court has now sought responses from the Centre and the Election Commission on the plea.
