Lawfully yours: By Retired Justice K Chandru

CHENNAI: Unless right to vote is modified, jailbirds can’t exercise franchise

Q. Our political leadership often brags about India’s status as the world’s largest democracy but denies the most fundamental right of suffrage to lakhs of eligible voters confined behind bars across the country. With only those out on bail allowed to vote, India is one of the very few countries to have a blanket ban on all prisoners. Such a ban affects detainees, undertrials, and convicts alike. With approximately 30 per cent of the prison population occupied by SCs and STs – according to media reports attributed to the National Crime Records Bureau – has the composition of the prison population got anything to do with the denial of their rights? — Pirai, Chennai

A. The problem lies in our scheme of voting. Though you are voting to constitute a body under the Constitution, your right to vote is not a guaranteed constitutional right. It is merely a statutory right covered by a parliamentary law called as the Representation of People’s Rights Act. As long as the Act does not guarantee you the right to vote or disqualify a person, there is no way a prisoner can exercise right to franchise. Unless we compel our lawmakers to enact a law, the convicted prisoners kept in jail cannot vote.

Move court for police protection if someone wants to block road work

Q. House owners in our street are planning to rebuild the road at our costs, raising the height to avoid inundation under the Namakku Naame scheme of the State government. Ours is a small street and all the house owners have agreed to the project. The local body is also willing to approve it under conditions that we have to rebuild the road at our costs and they would reimburse 50 per cent of it later. However, residents located near our street are against the project stating that it would lead to water logging in their neighbourhood. But we can’t wait till the government builds a proper stormwater drain or constructs a concrete road raising the height of our street. What is the best way to resolve such a crisis with residents in our locality? — Raj Narayanan, Villivakkam

A. The only way to get your work done is by first getting approval from the local body and after getting the same approaching the court for a direction for police protection when your contractor carries out the work.