Convicted felons and prisoners are not allowed to vote in several countries. The Indian constitution disqualifies all prisoners, including those on parole, from participative democracy and takes away their voting rights.
In the US, an overwhelming majority of the states (48 out of 50) disfranchise convicted felons and those serving sentences for different crimes.
Their right to vote is restored once they have served their sentence as per the requirement of the criminal justice system.
There are a little under 5 lakh prisoners in different jails across India. In the US, the incarcerated population was roughly 2 million in 2020. The prisoners represent a huge demographic that can influence the outcome of a democratic process.
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Reformists advocating the restoration of their franchise argue that this segment of the population is often neglected because of the lack of voting rights. They say voting is the right granted to every citizen, and their incarceration should not disfranchise them of it.
An overwhelming number of lawmakers who are against the restoration of their voting rights argue that the right to vote is a privilege. When serving a sentence, the right is revoked as a part of their suspension of the right to freedom.
The supporters of disfranchisement state that the incarcerated population knows the pitfalls of criminal activity and is in no position to demand revocation of their disfranchisement.
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The argument that prisoners are not ably represented as a demographic because they are stripped of their voting rights does not hold water. There are numerous channels through which they can be heard, such as the media, state-appointed committees, and NGOs.
Not just voting, convicted felons are segregated from society, and many of their constitutional rights at birth are revoked as a part of the punitive action. Those who have broken the laws of their land cannot claim to participate in a process that elects lawmakers who enforce the laws.
Cherry-picking one right does not pave the way for the restoration of other rights they have to forego upon incarceration. So, the voting rights of prisoners don’t need to be restored.
Frequently Asked Questions
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What is disfranchisement?
Disfranchisement, also known as disenfranchisement, is stripping the citizens of their voting rights when serving time in a correctional institution.
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Do prisoners in India have voting rights?
No convicted felons, including those on probation, are disqualified from voting by the Constitution of India. Petitions to revoke the disqualification of prisoners have been struck down by courts so far.
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How many prisoners are there in India?
As per 2020 prison records, around 4.8 lakh convicts were serving time in different prisons across India.
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Which country has the largest incarcerated population?
America has the largest incarcerated population in the world. 1 out of every 5 convicted felons in the world is serving time in the US. Around 2 million prisoners were serving time in the US in 2020.
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Do prisoners enjoy constitutional rights?
No. prisoners do not enjoy the full extent of the constitutional rights granted to the citizens of a country. Their rights are curbed and limited till they have paid their debt in full.
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