The Right To Vote As A Right To Equality: Reinterpreting Suffrage Through A Disability Rights Lens

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Jeyasutha G, Assistant Professor, Government Law College, Salem

ABSTRACT

The right to vote is traditionally understood as a political entitlement flowing from democratic citizenship. However, this formal conception often fails to address the structural exclusions faced by persons with disabilities, resulting in a gap between legal recognition and lived participation. This paper argues that the right to vote must be reinterpreted not merely as a political right but as a substantive right to equality when viewed through a disability rights lens. By shifting the focus from formal suffrage to meaningful electoral participation, the study highlights how inaccessible polling infrastructure, procedural rigidity, informational barriers and attitudinal biases systematically disenfranchise persons with disabilities. A doctrinal and socio-legal approach to examine the constitutional foundations of equality and suffrage in India, particularly under Articles 14, 15, 21 and 326 of the Constitution1, alongside the Rights of Persons with Disabilities Act, 2016. It further situates the domestic framework within international human rights law, with specific reference to the United Nations Convention on the Rights of Persons with Disabilities, which emphasises participation, autonomy and reasonable accommodation in political life. Judicial interventions and the role of electoral institutions are analysed to assess the extent to which equality has been operationalised in practice. The persistence of formalistic approaches to voting undermines democratic legitimacy by excluding a significant segment of the electorate. It proposes an equality-based model of suffrage that prioritises accessibility, reasonable accommodation and institutional accountability as essential components of the right to vote. Ultimately, the paper underscores that inclusive electoral participation is not a matter of welfare or convenience but a constitutional imperative rooted in equality, dignity and democratic citizenship.

Keywords: Right to Vote, Equality, Disability Rights, Electoral Participation, Substantive Equality.

445. THE RIGHT TO VOTE AS A RIGHT TO EQUALITY- REINTERPRETING SUFFRAGE THROUGH A DISABILIT

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