In a significant move aimed at enhancing electoral inclusivity, the Election Commission of India (ECI) has informed the Madras High Court that certain categories of prison inmates can now participate in the ongoing voter list revision process. This development offers a pathway for undertrials, preventive detainees, and those serving short prison sentences to ensure their names feature in the revised electoral rolls.
Court Petition Leads to Clarification
The commission's submission came in response to a petition filed by a resident of Madurai named Raja. The petitioner had sought judicial intervention to direct the Tamil Nadu state government to formulate a concrete plan for including eligible prison inmates in the Special Intensive Revision (SIR) initiative. Raja argued that denying this right to undertrials, preventive detainees, and individuals convicted for shorter durations amounted to a violation of their fundamental right to vote.
The SIR initiative was officially launched across Tamil Nadu on November 4. As part of this drive, the election commission announced that the revised draft electoral roll would be published for public scrutiny on December 19.
ECI's Submission Before the High Court Bench
When the matter was heard by the first bench of the Madras High Court, comprising Chief Justice Manindra Mohan Shrivastava and Judge G Arul Murugan, the ECI presented its stance. The commission clarified the available mechanisms for inmate enrollment.
The ECI stated that eligible inmates have two primary options to ensure their voter registration:
- They can submit the necessary Special Intensive Revision (SIR) forms through their immediate relatives, who must carry the required supporting documents.
- Alternatively, they can choose to apply afresh for a new voter ID card through the standard procedure.
This clarification provides a practical solution to the logistical challenge of enrolling individuals who are currently incarcerated but are legally entitled to vote.
Next Steps in the Legal Process
The bench, after recording the submissions made by the Election Commission, issued a directive. The ECI has been ordered to formally file an affidavit detailing its stated position before the court. The judges have scheduled the next hearing on this matter for two weeks later, allowing time for the affidavit to be submitted and reviewed.
This judicial direction ensures that the commission's policy for inmate voter enrollment is documented formally and can be implemented consistently. The move is seen as a step towards strengthening democratic participation by addressing the registration gaps faced by a marginalized section of the population.
