Introduction
In India, the citizens have their fundamental rights to make in form like rights to freedom, right to exploitation, privacy, equality, etc.. But the prisoners only have the right to defend himself, protection from torture, or right to food, water; even it they are treated as human being. They are not allowed to express and speak about their opinions towards the society work. They are not allowed to vote or to make legalized their right just because they are kept in prison or committing an act which is prohibited by law. When we talk about those rights ,there are some views which are in favour or in against.
Through the research, it comes to know that who get bail in offence are allowed to vote but who can’t are not. If in case of offense punishable with death or imprisonment and if they managed to get the bail they can enforce their right but those who can’t manage cannot enforce their right even if they are in lawful or unlawful custody of police. Both the things are not justified that one can vote and the other noIt is an sarcasm of our India election law , that one can elect election in India behind bars , if your sentence is less than two years , but cannot vote.
Mohammad Shahabuddin , one of India’s most scandalous criminal-politicians, the member of the Parliament from siwan, bihar with the rashtriya janta dal party of Lalu Prasad Yadav who is currently serving the life sentence for kidnapping with intent to murder and facing trial more than thirty criminal cases including eight murder , etc. and the part of the ruling United Progressive Alliance government of Manmohan Singh. This makes us to reconsider our law relating to prison reform and gives the character of being democratic.
In India, the person supposed for committing an offence has violated the right of some other bonafide citizen of India or committed a act against the state and so the rights of that person has grasped. A person who are not aware by the law or the value of the society are deserved to get the punishment like that by debarred from their right to say anything in democratic setup of the country. In India, the person supposed for committing an offence has violated the right of some other bonafide citizen of India or committed a act against the state and so the rights of that person has grasped.
A person who are not aware by the law or the value of the society are deserved to get the punishment like that by debarred from their right to say anything in democratic setup of the country. Provision of law allowed the prisoners to have job and occupation and even also allowed the prisoners to read books and give vocational and skill building courses. So, it’s irrational to not allowed to vote. Giving prisoners the right to vote would aid their important. Denying prisoners the right to vote would consider them lesser citizen. Giving voting rights to prisoners give them an interest to take a part in current affairs, which will aid their reinstated into society.
An offender who is punished already for their crime under the law should not incur the additional punishment also by infringing the right. The principle aim of the modern criminal law is to refurbish offenders and orient them to positively toward the society by which they reenter their release. It is understandable by this policy of encouraging offenders to observe their civil and political obligations. There are some restrictions imposed by Article 326 in Constitution of India for adult concession which states that the house of parliament and legislative assembly elections of a state depend on the adult concession which means that only those who have crossed the age of eighteen and do not have any criminal charges , and are not disqualified by law are allowed to practice their right to vote.
Under 62(5) of Representation of People Act ,1951 , by Indian legal system states that any person who is confined in a prison are bound to vote whether in under sentence or in the lawful custody of police. There are some restrictions imposed by Article 326 in Constitution of India for adult concession which states that the house of parliament and legislative assembly elections of a state depend on the adult concession which means that only those who have crossed the age of eighteen and do not have any criminal charges , and are not disqualified by law are allowed to practice their right to vote.
Under 62(5) of Representation of People Act ,1951 , by Indian legal system states that any person who is confined in a prison are bound to vote whether in under sentence or in the lawful custody of police. It is an sarcasm of our India election law , that one can elect election in India behind bars , if your sentence is less than two years , but cannot vote. Mohammad Shahabuddin , one of India’s most scandalous criminal-politicians, the member of the Parliament from siwan, bihar with the rashtriya janta dal party of Lalu Prasad Yadav who is currently serving the life sentence for kidnapping with intent to murder and facing trial more than thirty criminal cases including eight murder , etc. and the part of the ruling United Progressive Alliance government of Manmohan Singh. This makes us to reconsider our law relating to prison reform and gives the character of being democratic. When we talk about those rights ,there are some views which are in favour or in against. Through the research, it comes to know that who get bail in offence are allowed to vote but who can’t are not. If in case of offense punishable with death or imprisonment and if they managed to get the bail they can enforce their right but those who can’t manage cannot enforce their right.
Author: Mohak Jain,
Ideal Institute of Management and Technology Karkardooma