and Voting Rights Of
Persons with Disabilities
Article 15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
Article 325
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
Article 326
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime orcorrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
Critique of Article 15(1) & (2) of the Indian Constitution with reference to UNCRPD
Article 15(1) and (2) of the Indian Constitution promote equality by prohibiting discrimination based on religion, race, caste, sex, and place of birth. However, these clauses can be critiqued in light of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for the following reasons:
Limited Scope:
Grounds for Discrimination:
UNCRPD recognizes disability as a ground for discrimination in addition to those listed in Article 15. People with disabilities in India may face discrimination not covered by this Article.
Private Actors:
Article 15 primarily restricts discrimination by the State (government). UNCRPD calls for measures to prevent discrimination by private entities as well.
Lack of Positive Action:
UNCRPD emphasizes the need for "reasonable accommodation" to ensure equal participation of persons with disabilities. While Article 15 prohibits discrimination, it doesn't explicitly require positive steps to promote equal opportunities.
Focus on Equality vs. Equity:
Article 15 promotes equal treatment for all. However, some disabilities may require specific support or modifications for true inclusion. UNCRPD emphasizes achieving equity, ensuring everyone has the resources they need to participate fully.
Critique of Article 325 of Indian constitution with reference to UNCRPD
Article 325 of the Indian Constitution deals with the provision for setting up election tribunals for trying election petitions. It does not specifically address the rights of persons with disabilities.
Lack of Specific Protections:
Article 325 does not mention persons with disabilities or any provisions to ensure their accessibility to participate in the electoral process as voters or candidates.
Indirect Discrimination:
While not explicitly discriminatory, the absence of accessibility measures might indirectly disadvantage persons with disabilities from exercising their electoral rights.
How can Article 325 be strengthened?
Legislative Amendments:
The Election Law could be amended to mandate accessible polling stations, voter education materials in accessible formats (Braille, audio), and provisions for assisted voting for persons with disabilities.
In short Article 325 of the Indian Constitution does not address the rights of persons with disabilities in the electoral process. By incorporating provisions aligned with the UNCRPD, India can ensure equal participation for persons with disabilities in its elections.
Critique of Article 326 of the Indian Constitution with Reference to UNCRPD
Article 326 of the Indian Constitution guarantees adult suffrage, ensuring everyone above 18 has the right to vote. This is a strong foundation for political participation. However, when viewed in the context of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), some potential limitations emerge:
Accessibility:
The article doesn't explicitly mention accessibility measures for persons with disabilities. Polling stations might not be physically accessible, voting procedures might not be adapted for various disabilities (visual impairments, for example), and information about elections might not be available in accessible formats.
Discriminatory disqualifications:
While the article mentions disqualifications based on unsound mind, the definition might be interpreted in a way that excludes people with disabilities unfairly. The UNCRPD emphasizes reasonable accommodation to ensure equal participation.
How can Article 326 be strengthened to better align with UNCRPD principles?
Legislative Measures:
The Election Commission could be empowered to make specific regulations mandating accessible polling stations, voting procedures, and information dissemination in accessible formats.
Reasonable Accommodation:
Revisit the grounds for disqualification based on "unsound mind" to ensure they comply with the UNCRPD's emphasis on reasonable accommodation for persons with disabilities.
Ensuring alignment between Article 326 and the UNCRPD would further strengthen the legal framework for inclusive participation in elections.
