Prisoners’ Disenfranchisement: Need For Reformation

The right to vote is the foundation of democracy. Prisoners’ disenfranchisement refers to the non-availability of the right to vote to the prisoners. It is pertinent to mention at this juncture that section 62(5) of the Representation of the People Act, 1951 denies the right to vote to prisoners. The debate on whether prisoners should be granted the right to vote has been rekindled vide the judgment delivered by the Hon’ble Delhi High Court in the case of Praveen Kumar Chaudhary v. Election Commission in February 2020. This paper aims to understand the concept of prisoners’ disenfranchisement, what is India’s current take on the concept along with the United States, United Kingdom, and South Africa, and give an argument for why there is a need to switch to the reformative theory of punishment i.e. prisoners’ enfranchisement factoring in various judgments and international treaties and conventions. The authors herein also highlight why the rationale employed by the Indian judiciary as far as prisoners’ right to vote is concerned is not tenable.