India has been characterized as the biggest democracy in the world because of the colossal nature of

the elections held in the country. At the general election, an electorate of millions goes to the poll to
elect members for the Lok Sabha, State legislative assembly, and the legislature of the union
territories. Free and fair elections have been held to be a basic feature of the Constitution.

Why are elections celebrated as a festival in India? Elections are celebrated in India as any other
important festival and there are examples where even at the time of the peak of the pandemic the
elections and rallies were being practised like any other usual day. In the process of the right to vote,
elections are the cherished privilege of a citizen to participate in the electoral processes which place
the people in power. Each and every citizen of India is guaranteed a right which is the “the right to
vote” except those who are exempted from casting their vote through the process of “Elections”.
Have you ever wondered about the voting rights of the people who are in prison?

Section 62(5) says, “No person shall vote at any election if he is confined in a prison, whether under a
sentence of imprisonment or transportation or otherwise, or is in the lawful custody of police:
Provided that nothing in this subsection shall apply to a person subjected to preventive detention
under any law for the time being in force”.
The PIL, filed by Aditya Prasanna Bhattacharya, said the provision operates as a blanket ban, as it
lacks any kind of reasonable classification based on the nature of the crime committed or the
duration of the sentence imposed. Considering this, the Supreme Court agreed to examine the
constitutional validity of Section 62(5).

The question of whether prisoners should be granted the right to vote has sparked intense debates
in legal, ethical, and political spheres. It raises fundamental questions about the rights and
responsibilities of individuals within society, the purpose of incarceration, and the principles of
democracy. One of the primary arguments in favour of allowing prisoners to vote is rooted in the
principles of human rights and dignity. Proponents argue that the right to vote is a fundamental
democratic right that should not be stripped away due to incarceration. Regardless of their crimes,
prisoners remain members of society, and their dignity should be upheld. Denying them the right to
vote diminishes their sense of personhood and equality before the law. By allowing prisoners to
exercise their voting rights, we empower them to reconnect with the norms and values of society. It
promotes a sense of agency and the idea that they have a stake in shaping the society they will
eventually return to.

On the other hand, opponents argue that by engaging in criminal behaviour, individuals have violated
social norms and, as a consequence, forfeited certain rights. They contend that voting is a privilege
reserved for law-abiding citizens, and removing this privilege acts as a deterrent against criminal
behaviour. Denying prisoners, the right to vote serves as a societal message that there are
consequences for one's actions and that certain behaviours will result in a loss of certain rights.

Taking into account the practicality of it, the opponents state that managing the logistics of voting for
prisoners presents major challenges. Ensuring access to voting while maintaining security and
fairness within correctional facilities can be demanding. Establishing procedures that prevent fraud,
manipulation, or coercion requires careful planning and allocation of resources. Opponents argue
that these challenges outweigh the potential benefits and can place an additional burden on already
stretched correctional systems.

Additionally, the people who are behind those prisons are denied liberty for the betterment of their
behaviour and the main objective of these prisons are to prepare the prisoner to rehabilitate by
separating them from the society and prepare them to become the part of the society again and at
this point by giving the right to any of the prisoner would fail the complete cause of the whole
regeneration process.

Thus, Denial of a right to vote will not push back any person from society just like any other right. A
prisoner is a person who is kept in the prison for either being suspected of any crime committed by
him or is undergoing punishment for any unlawful act. Further before coming to any conclusion
about whether the prisoners should be given a chance to vote in the process of elections or not it is
important to first understand the psychology of a prisoner. Being a defaulter at upholding the rules
and norms of the law, goes without saying what kind of choices a prisoner (or the majority of them)
would make for the betterment of society. Moreover, what kind of choice can you expect that a
murderer or a rapist, or a thief will choose their representative. Thus, Section 62(5) of the RPA
correctly restricts the prisoners to vote in the elections and needs no amendment.