No plan to allow undertrials cast vote: Government

NEW DELHI: The government today said it has no plan to amend the law to allow undertrials cast their vote.

Law Minister DV Sadananda Gowda informed Lok Sabha in a written response that there are no plans to amend the Representation of People Act for the purpose.

"No madam," replied Gowda to a question on as to whether the government proposes to amend the R P Act to confer the right to vote on undertrials.

He said the Supreme Court has repeatedly upheld the validity of sub section 5 of section 62 of the R P Act of 1951 which restricts the voting rights to undertrial prisoners.

In September, 2013, Parliament had overturned an apex court verdict of July 10, 2013 which had held that as those in jail cannot vote as per R P Act, they also cannot qualify for contesting elections to Parliament or state legislatures.

The amendment added a proviso to sub-section (2) of section 62 of the R P Act to state that a person cannot cease to be a voter while in detention as his or her right is only "temporarily suspended".

In its verdict, the apex court had ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The court had, however, made it clear that disqualification would not be applicable to persons subjected to preventive detention under any law.