Shree. ( Advocate.) 09 April 2009
DEAR MEMBERS,
Is it an irony in our election law???
You can contest elections in India behind bars, if your conviction is less than 2 years. But you cannot vote.
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And that is because the Representation Of People Act under Section 62(5) does not allow prisoners to exercise their franchise. Of the 3 lakh prisoners in the country, only about 30 per cent have been convicted and are serving sentences. The rest are undergoing trial.SHARE YOUR VIEWS.
A.Mohamed Thaheer (ADVOCATE) 09 April 2009
In my opinion, it is clear violation of fundamental rights guaranteed to all indian citizens including convicts and under trial criminals. So, All criminals should not be deprived of their voting right in a democratic country, and this is a great injustice
N.K.Assumi (Advocate) 09 April 2009
Shree, this provisions is one thing I can not really swallow. You can contest but you can not vote? You can marry but you can not sleep with your spouse. In other words right to vote being only statutory right and not fundamental right.Do we neeed Amendment in RPA 1951?
We need proper feed back from members.
N.K.Assumi (Advocate) 09 April 2009
Section 8 (a) of the RPA 1951 also include section 498-A IPC, and on convition of the husband he can not contest Election. That means if your wife alleged cruelty against you and convict you by the court you can not contest Election.What about conviction of wife for cruelty? or is there no cases of conviction of wife on grounds of crulty against husband in India?
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