right to vote – RightsViews

By Guest Writer Avanti Deshpande Introduction Free and fair elections underpinned by the universal adult franchise are undoubtedly the cornerstone of a democratic state in today’s standards. Yet, while most democratic countries acknowledge the importance of voting rights, voter suppression and voter disenfranchisement are not new problems and have long been plaguing democracies. Indian law places a blanket ban on voting for all prisoners; i.e., not only convicts but under-trial prisoners whose innocence or guilt is yet to be proven conclusively in a court of law. With no exception, reasoning, or rationale being provided under law for denying prisoners the right to vote, this piece will attempt to critically engage with the issue of the disqualification of prisoners from voting in elections and argue that it is fundamentally unconstitutional and violative of the basic tenets of a democratic state. Overview of the Present Legal Framework The issue of the disenfranchisement of prisoners in India stems from Section 62(5) of the Representation of the People Act,...

By: Jalileh Garcia, Staff Writer at RightsViews In the midst of a pandemic, with a rising number of COVID-19 cases, the United States election will take place on November 3, 2020. This election will be decisive for many of the contemporary issues that people are facing in the United States, and beyond. The right to vote is understood as one of the foundational cornerstones of a democracy, allowing free and fair elections to take place. Different civil and human rights safeguard the right to vote, namely the 15th Amendment of the U.S. Constitution, the Voting Rights Act of 1965, and Article 25 (b) of the International Covenant on Civil and Political Rights (ICCPR). Despite having these legal protections, different states such as Georgia, North Carolina, among others continue to limit the exercise of this right in the country. The UN Committee on Human Rights delineated in the General Comment 25 of the ICCPR that States have the duty to “take effective measures to...

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Disenfranchisement of Prisoners in India: Representation or Repression of the People?

Voter Suppression in the United States: Infringements on the Right to Vote