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Rediff.com  » News » Soon, jail inmates may have voting rights

Soon, jail inmates may have voting rights

By Ashwini Shrivastava in New Delhi
Last updated on: November 16, 2008 16:28 IST
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The government is considering a recommendation to amend the Representation of People's Act to grant voting right to some 3.5 lakh prisoners lodged in jails across the country.

The Home Ministry is in touch with the Law Ministry and other concerned authorities to make necessary amendments in the law.

"MHA has asked Law Ministry and is in constant touch with them to make necessary changes in the law to provide voting rights to the ones serving punishment in jails," a senior ministry official said.

Section 62 (5) of the Representation of People's Act, 1951, disqualifies a prisoner from being a voter in election due to his being in prison.

According to the Act, the accused, who are on bail, have the right to exercise their franchise in any election. However, those accused who are denied bail are not entitled to exercise this right under the provisions of the Act.

A committee was constituted for preparing the draft policy paper on the strategy relating to prison reform and correctional administration under the chairmanship of former Director General of Bureau of Police Research and Development N C Joshi.

The committee in its report said that the prisoners should be allowed to use their right of franchise and recommended suitable changes in the Representation of People's Act, 1951.

According to officials, around 3.5 lakh people are serving their terms in around 1,200 prisons across the country.

The Committee in its recommendation termed it as 'prima facie case of discrimination' and recommended changes in the existing law.

"We are still working on it. To insert new changes in the law is a long process and involves other ministries and legal bodies. But, we will ensure that these changes are soon made into law," said the official.
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Ashwini Shrivastava in New Delhi
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