Barred from the Ballot: Examining the Legal, Social, and Human Rights Implications of Prisoner

This socio-legal study offers a comprehensive analysis of the disenfranchisement of imprisoned persons in India, examining the legal, constitutional, and human rights dimensions of the issue. It focuses on Section 62(5) of the Representation of the People Act, 1951, which imposes a blanket ban on voting for all incarcerated individuals except those under preventive detention. The study explores the evolution of judicial interpretations, particularly the Supreme Court’s upholding of the ban, and highlights its disproportionate impact on marginalised communities who form the majority of the prison population. By comparing India’s exclusionary stance with more inclusive international practices, the article systematically discusses the philosophical, practical, and rehabilitative arguments for and against prisoner enfranchisement. It emphasises the broader consequences of disenfranchisement, including its effects on democratic legitimacy, social justice, and the rehabilitation of prisoners. The research ultimately advocates for nuanced legislative reforms and judicial re-examination of existing precedents, arguing that aligning India’s electoral laws with global human rights standards is crucial to uphold democratic inclusivity and foster the reintegration of incarcerated individuals into society.