Criminal Disenfranchisement in India: An International Humanitarian Approach

Abstract

The basic cornerstone of a flourishing democracy is generally recognized by the right to vote. It is a system through which people choose representatives of their best interests. In this research paper, the author examines the present international legal status of prisoners' voting rights in the context of India. Suffrage was among the significant political issues that sparked a rebellion. Through legislation, several nations throughout the world, including the US, UK, and India, have restricted the ability of inmates and ex-felons to vote at different levels. Several of these nations constitute the largest democracies in the world, voting rights are a strong symbol of inclusion in society, and their denial is frequently criticized. The significance of suffrage is the foundation for an individual’s dignity toward their nation. There is a persistent need to research and comprehend disenfranchisement in connection to rehabilitative approaches to punishments, formerly the "retributive theory” has failed to demonstrate its relevance. A little attempt to do this would need a thorough understanding of the concept of disenfranchisement because there is no set principle governing the restrictions of universal suffrage due to criminal charges. In light of international human rights jurisprudence, the author seeks to explore the evolving dynamics of disenfranchisement.