Can prisoners stand for election in India?

As per Section 8 (3) of R. P. Act, 1951, if a person is convicted of any offence and sentenced to an imprisonment of 2 years or more, this will be disqualification to contest elections.

What rights do prisoners have not?

Although prisoners do not have full constitutional rights, they are protected by the Eighth Amendment’s prohibition against cruel and unusual punishment. Prisoners also have rights to speech and religion, to the extent these rights do not interfere with their status as inmates.

Can a mentally ill person vote in India?

A mentally disabled person, such as a group home resident, can vote unless a probate court has specifically declared him incapable of exercising the right to vote.

Can a person under preventive detention vote?

Proviso to sub-Section (5) of Section 62 of the Representation of the People Act, 1951 confers voting rights on the electors subjected to preventive detention. As per Rule 18 of the Conduct of Elections Rules, 1961, the electors under preventive detention are entitled to cast their votes by post.

Can mentally incapacitated vote?

A person may be declared mentally incompetent and therefore disqualified from voting only if a court or, in certain cases, a jury finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process and the person is subject …

Can the mentally handicapped vote?

In some states, people who are deemed mentally incompetent are not allowed to vote. In the conservatorship process, people can lose their right to vote.

Can criminals vote in India?

India. In India, according to section 62 amendment 5 of the Representation of the People Act, 1951 in the Indian Constitution, all prisoners, including prisoners on parole, and detained prisoners, are disqualified from voting.

Can I contest election from jail?

contest the election? Ans. No Even if a person is on bail, after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election as per Supreme Court’s decision. But if his conviction is also stayed, then he can contest.