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International Standards Vs. Indian Practice: A Comparative Study of Prisoners' Voting Rights

Authors: Anshika Gupta; Prof. Dr. Sushil Kumar Singh;

International Standards Vs. Indian Practice: A Comparative Study of Prisoners' Voting Rights

Abstract

This paper examines international human-rights standards on the right to vote and compares them with Indian statutory and judicial practice. International instruments and expert bodies (the International Covenant on Civil and Political Rights (ICCPR) and Human Rights Committee guidance, the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), and regional jurisprudence such as the European Court of Human Rights’ rulings) set strong norms favoring universal suffrage and require any restriction to be provided by law, necessary and proportionate. India’s law — chiefly Section 62(5) of the Representation of the People Act, 1951 — effectively imposes a blanket ban on voting by persons confined in prison on the date of an election; Indian courts have upheld this statutory rule. The paper argues that India’s blanket exclusion raises serious concerns under international standards and recommends realistic, rights-based reforms (pilot special polling, absentee voting for eligible prisoners, including undertrials, clearer rules distinguishing pre-trial detainees from convicted prisoners, and better data collection).

Keywords

Prisoners' voting rights; universal suffrage; ICCPR Article 25; General Comment 25; Representation of the People Act 1951; Section 62(5); Anukul Chandra Pradhan; Hirst v UK; Nelson Mandela Rules; Venice Commission.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
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