A Comparative Analysis Of Prisoner’s Disenfranchisement In India And International Jurisdictions: A Critical Study

Abstract

The fundamental pillar of a flourishing democracy is commonly recognized by way of the right to vote. It is a system by which individuals select representatives to advocate for their best interests. In this study, the authors examine the current global legal provisions of prisoners' voting rights within the framework of India. Suffrage was one of the major political issues that drove a revolt. Through laws, numerous Countries worldwide, such as the USA, UK, and India, have restricted the voting rights of inmates and former felons to varying degrees. Many of these Countries are among the largest democracies globally. The right to vote is a powerful symbol of societal inclusion, with its denial of the right to vote often being criticized. The importance of suffrage forms the basis of an individual's dignity towards their Country. There is an ongoing necessity to study and comprehend disenfranchisement concerning rehabilitative approaches to punishment, as the formerly leading "retributive theory" has failed to demonstrate its relevance in the modern era. A Comprehensive understanding of the concept of disenfranchisement is required, as there is no established principle governing the limitations of universal suffrage due to criminal charges. In light of international human rights jurisprudence, the authors aim to investigate the evolving dynamics of disenfranchisement.