Monday, September 10, 2012

INMATES: VOTING RIGHTS

It’s a burning debate across the World – destroy the sin or the sinner? The issue of voting rights for criminals is a key aspect of that debate. The IIPM Think Tank looks at how various countries approach the issue, and why the prisoner-bashing attitude might not be so wise

And between these extremes, Australia, France, Finland and Greece are some nations with limited restrictions over the felons’ voting rights; typically based on the length of the sentence, nature of the crime committed or the type of election.

But things have been changing recently in some US states. Connecticut and New Mexico liberalised the laws with regard to voting rights in 2001. Nevada abolished the five year post-sentence waiting period and Maryland has passed a resolution to automatically restore voting rights for one-time offenders after release. However, Utah and Massachusetts restricted voting rights of inmates while Colorado and Oregon barred federal inmates from voting. Since 1975, while 13 states have liberalised their laws, 11 have imposed further restrictions.

On March 30, 2004, the European Court of Human Rights became quite vocal on this issue. It criticized UK for having laws that bar inmates from voting; terming it as gross violation of human rights. It further ruled that “any devaluation or weakening of the right [to vote] threatens to undermine [the democratic] system and should not be lightly or casually removed.” Even influential international treaties including Article 5, section (c) of the Convention on the Elimination of All Forms of Racial Discrimination and Article 25 of the International Covenant on Civil and Political Rights, which ensure that citizens have their fundamental rights intact, favoured voting rights of inmates. A recent survey of the American people by APSA reveals that 80%, 68%, and 60% of respondents want to see restoration of voting rights of ex-felons, probationers & parolees, respectively. Over 800,000 American felons have got their voting rights back since 1997.

It’s time for India, being the world’s most populated democracy, to give explicit importance to this issue of felon voting. As we said, it may not affect our parliamentary makeover much; but relaxing restrictions may contribute in some degree, howsoever minimal, to the reformation of such inmates.


Source : IIPM Editorial, 2012.
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