Prisoners Can’t Vote? 3 Law Students Move Court to Seek Change

“If one can contest elections from within the prison, why can’t they vote too?”

Praveen Chaudhary, Atul Kumar Dubey and Prerna Singh are the three law students have filed a PIL challenging Section 62 (5) of People Representation Act.

(Photo: The Quint/Arnica Kala)

In the general election of 2019, there will be 900 million people casting votes. But there are over 4 lakh others who have been denied their right to vote because they are in prison.

Three students of Galgotias University, Greater Noida, Uttar Pradesh filed a public interest litigation with the Delhi High Court, challenging the constitutionality of Section 62 (5) of the Representation of People Act, reported Vice India.

Praveen Chaudhary, Atul Kumar Dubey and Prerna Singh are the three law students who filed a PIL challenging Section 62 (5) of People Representation Act.

Representatives from the Ministry of Law and Justice, the Ministry of Home Affairs, along with Director General (Prisons) of Tihar Central Jail and the Election Commission of India (ECI) were present during the hearing. Section 62 bans people “confined in a prison...or in the lawful custody of the police” from voting in any elections.

While hearing the matter on 8 March, the Delhi High Court asked the central government, EC and the director general of Tihar Jail to file a reply on the plea seeking voting rights for prisoners across the country.