Sanjana Achanta, Post Graduate, College of Law, Osmania University1
ABSTRACT
The right to vote is an essential pillar of democracy, allowing citizens to participate in the governance of their country. Unfortunately, this right is often denied to those who are in custody or undergoing trials. This Article examines the legal and ethical implications of denying the right to vote to undertrials, arguing that such denial violates fundamental principles and human rights, as well as statutory rights. Drawing on global and national legal frameworks, this article evaluates the challenges faced by undertrials in exercising their right to vote, explores the impact of denying the right to vote on their social and political inclusion, and discusses the broader implications for the democratic process. This Article also examines potential solutions to ensure political participation for undertrials, including the need for reform in this area. Through a critical analysis of case laws, this paper provides a comprehensive understanding of the right to vote for undertrials and ultimately argues that upholding the right to vote for undertrials is not only a legal obligation but also a moral imperative to ensure the full and equal participation of all citizens in democratic governance.
Keywords: Undertrials; Right to Vote; Democratic Governance; Fundamental Rights; Political Inclusion; Discrimination.
