Elections often reveal peculiar paradoxes, and the 2024 Lok Sabha election in India is no exception. This particular paradox revolves around two men, held in two separate jails, located 2,300 km apart. Amritpal Singh, the leader of Waris Punjab De, finds himself incarcerated in a jail in Assams Dibrugarh, while Delhis Chief Minister, Arvind Kejriwal, languishes in Tihar Jail. Despite their vastly different circumstances, how do these two individuals connect within the context of the Lok Sabha electionIn a curious twist, the sympathizer of Khalistan plans to contest the Lok Sabha polls from his cell in Dibrugarh Jail. On the other hand, Arvind Kejriwal, an elected representative and chief minister of Delhi finds himself unable to exercise his right to vote.In India, individuals can indeed contest elections from prison, yet they are barred from casting their own votes while incarcerated. This paradox underscores the complexity of electoral laws in the country.Candidates making history from behind barsAmritpal Singh, detained under the National Security Act since April 23, 2023, reportedly plans to run as an Independent candidate from Punjabs Khadoor Sahib Lok Sabha seat. His journey from activism to politics symbolizes a unique convergence of ideologies within Indian democracy.Singhs arrest followed a dramatic standoff with authorities in Punjab, where he demanded the release of an associate. Despite his contentious past, Singhs foray into electoral politics reflects the paradoxical nature of Indian democracy.His candidacy echoes similar instances in Indian political history, such as don-turned-politician Mukhtar Ansaris successful bid for Uttar Pradeshs Mau Assembly seat while incarcerated. Ansaris electoral victories underscored the blurred lines between law, politics, and justice within the Indian electoral landscape.Electoral dilemmasWhile individuals charged with crimes can contest elections, undertrials awaiting trial are deprived of their voting rights, a legal anomaly perpetuated by Indian electoral laws. Arvind Kejriwals inability to vote highlights the inherent contradictions within the electoral framework.What does the laws sayTo date, numerous people charged with crimes have participated in elections. These candidates were undertrials who hadnt been found liable. They were barred from casting votes. However, there are no rules or provisions for voting from prisons in India, not only for the culprits but also those who are undertrials. In a judgment in 2019, the Delhi High Court clarified that prisoners do not possess the right to vote. This is applicable in Arvind Kejriwals case also. Notably, not only Kejriwal, there are over five lakh case prisoners, who are undertrial and have been barred to vote due to this reason.
