Some lawyers and activists have dubbed the law making it compulsory to vote at the local body polls in Gujarat as unconstitutional and anti-poor. Senior lawyer and a noted rights activist Girish Patel on Monday termed it anti-poor, and expressed fear that it can increase corruption.
"The entire question is of political morality and political consciousness. You cannot compel anybody to vote if a person consciously chooses not to use his right to vote, it will not be correct to punish such persons," Patel said.
"The compulsory voting will hit the poor people. More particularly the labour class, including the migrant labourers and daily wagers, who cannot sacrifice their livelihood just to use their franchise. If they do not vote, criminal action will be taken against them and they will be trapped in a legal tangle," Patel said.
"This law is unreasonable and cruel....The legislatures can never force the people to perform their moral duty. The law will be an instrument to harass people, as the police will have the ultimate power to implement the law....the police, as usual, will indulge in `negotiation', which will increase corrupt practises and the number of court cases too," he said.
Gujarat governor OP Kohli last week gave ascent to the Gujarat Local Authorities Laws (Amendment) Bill 2011, which makes voting mandatory in civic polls and has a provision of punishment. It also provides 50 per cent reservation for women in local bodies.
Another city-based lawyer, Amrish Patel, echoed Patel's views, adding that the new law will also violate the right of expression.
"There is a right of expression provided by the Indian constituion.... I have right to vote and also a right to reject the entire system. There is NOTA, but if a citizen does not even want to participate in voting, the rulers cannot make it mandatory," Patel said.
"Do the poor people of the country not have a right to say that they do not want to be the part of this corrupt system? This bill will deprive them of their right to express themselves," Patel added. Senior advocate Nirupam D Nanavati termed the coming into force of the law as `anti-democracy' move.
"This step is not in accordance with the constitution. A citizen cannot be compelled to vote. In a democratic system, such compulsion is anti-democracy," he said.
Former judge of the Gujarat High Court and former Lokayukta Justice SM Soni, however, said the law will make people aware of the duty to cast their votes.
"On a ballot, there is an option of NOTA, so there is no such situation that voter will be compelled to vote....the people here have right to vote, but it is not exercised. It is also their duty and they have to vote in the democracy. And if a person is not able to cast his vote, he can be given an opportunity to tell whether he was sick or he had any other genuine difficulty," he said.
"There is a chapter on `duties' in the constitution, which has not been implemented to date. If the people cannot consider doing their duties, how can they claim their rights," he said.
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