The West Bengal government has forwarded a proposal to the Election Commission that prisoners be allowed to vote during polls.
The West Bengal government has forwarded a proposal to the Election Commission that prisoners be allowed to vote during polls.
A draft rule to the West Bengal Correctional Services Act empowering prisoners to cast votes has been forwarded to Election Commission.
"The proposal has been sent by IG (Prisons). We are looking at how it can be worked out in the state. A lot of work needs to be done," Jail minister Biswanath Chowdhury said.
Convicts and undertrials are debarred by the Representation of People's Act 1951 from exercising their franchise.
"According to the Act undertrials or convicts are disallowed to vote, but if they are out on bail or those in preventive detention are allowed to do so," inspector general of Prisons, BD Sharma said.
Sharma, giving an example, said that a murder accused on bail would be able to vote, while those who could not arrange for bail would be deprived of the right as they were behind bars.
"This is unfortunate and the Act demands amendment. I have been fighting for it from a long time," Sharma said, adding that even prisoners in Bangladesh were allowed to vote, besides in all developed nations.
He pointed out that until a person is declared a convict he is not an offender. Also, undertrials in the strict legal sense are not convicts.
"They should be allowed to vote," Sharma said.
"If this becomes a reality then 22,000 undertrials and 16,000 convicts in 53 jails in the state, including six central jails will be able to vote," Sharma said.
The draft rule states: "The chief electoral officer of the state shall lay down suitable rules and devise a suitable machinery for every prisoner eligible for voting.
"In this matter, the state government may communicate with the Election Commission and seek suitable directions from time to time..." the draft says.
The rule is being formulated on the basis of Article 79(3) of the West Bengal Correctional Services Act 1992.
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